IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (I) CWP-17020-2022 Reserved on: April 09, 2025 Pronounced on : July 08, 2025 GURBHEJ SINGH -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS (II) CWP-16976-2022 ANGREJ SINGH -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. P.S. Ahluwalia, Advocate with Ms. Bhavi Kapur, Advocate for the petitioner (in both writ petitions).

Mr. Pardeep Bajaj, D.A.G., Punjab.

Ms./Mrs. Puneeta Sethi, Sr. Panel Counsel for the respondent(s)-U.O.I.

Mr. Gaurav Singla, Advocate for respondent No.3 (in both writ petitions).

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KULDEEP TIWARI, J.

1. Both these writ petitions are amenable for being decided through a common verdict, on account of theirs enveloping a common prayer and a common issue for adjudication. For the sake of brevity and convenience, the facts are being extracted from CWP-17020-2022.

2. The hereinafter enumerated directions, as embodied in the order dated 13.06.2022 drawn by the National Commission for Scheduled Castes (hereinafter referred to as the ‘National Commission’), caused pain to the petitioner and consequently propelled him to institute thereagainst the instant writ petition.

“(a) The Police shall ensure the safety and security of the petitioner;

(b) The accused DSP, Shri Balvinder Singh, DSP, Sangrur be restrained from interfering in this case;

(c) An FIR be registered against the accused under the provisions of the SC & ST (POA) Act, 1989, as amended within 3 days; and (d) The Namberdari of the petitioner be restored by the District Administration.

(e) Action Taken Report may be sent to the Commission within one week.”

3. Post the drawing of the impugned directions, an FIR was registered against the petitioner. Therefore, prayer is also made for setting aside all the legal proceedings, including the FIR, emanating from the impugned directions.

4. What emerges from perusal of the record available before this Court is that, the Co-ordinate Bench of this Court had, while issuing notice upon this writ petition on 04.08.2022, ordered the consequent proceedings arising out of the impugned order to remain stayed. Accordingly, the investigation of the FIR in question has also been stayed. 5. Before proceeding to gauge the validity of the impugned directions, it is deemed imperative to initially make a concise and compendious survey of the facts qua which there is no wrangle amongst the contesting litigants.

FACTUAL MATRIX

6. The bedrock for issuance of the impugned directions was constituted by a representation made by the respondent No.3. The allegations penned down by the respondent No.3 in his representation are that, the present petitioner along with two other persons namely Angrej Singh (petitioner in CWP-16976-2022) and Jatinder Singh made casteist remarks, hurled abuses and threatened to kill him. He also narrated in his representation that, the District Administration illegally cancelled his Namberdari and the police also did not take any action on his complaint. Rather, one Balvinder Singh Pannu, D.S.P., the then S.H.O. of the police station concerned, extended threats to him. Hence, he expressed apprehension regarding him becoming harmed by Balvinder Singh Pannu, D.S.P.

7. On the basis of the above representation, an action taken report was sought from the Divisional Commissioner, Patiala, I.G., Patiala, Deputy Commissioner, Sangrur, and S.S.P., Sangrur. Accordingly, a report dated 18.01.2022 was received from the D.S.P., Patiala and a report dated 24.01.2022 was received from the S.S.P, Sangrur, wherein it was mentioned that, the allegations levelled by the respondent No.3 have already been enquired into and the complaint has already been filed. Hence, in the light of multiple enquiries, no other action is required to be taken on this representation.

8. The National Commission heard the matter on 13.06.2022 and passed the impugned directions. Thereafter, in accordance with the impugned directions, a report date