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HIGH COURT OF PUNJAB AND HARYANA
MANPREET KUMAR – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
/139/2022
A court can direct authorities to decide representations seeking protection from threats within a time-bound manner, even if the petitioner has delayed in filing the petition or has not explored other remedies.
Headnote:
Fact of the Case:
The petitioner filed a petition for protection from alleged threats to his life and liberty by respondent No. 4. The incident leading to the apprehension of threat occurred on 07.07.2020, but the petition was filed approximately one and a half years later.
Finding of the Court:
The court noted that the petitioner had not explored any remedies after the alleged incident and that the petitioner had raised the same grievance before the Senior Superintendent of Police, District Moga, vide representation dated 11.10.2021, which was still pending consideration.
Issues: 1. Whether the petitioner's delay in filing the petition and failure to explore other remedies affected his entitlement to protection? 2. Whether the court could direct the Senior Superintendent of Police to decide the petitioner's representation within a time-bound manner?
Ratio Decidendi: The court held that the petitioner's delay and lack of exploration of other remedies did not bar him from seeking protection. The court further held that it could direct the Senior Superintendent of Police to decide the petitioner's representation within a time-bound manner to ensure the interest of justice.
Final Decision: The court disposed of the petition with a direction to the Senior Superintendent of Police, District Moga, to decide the petitioner's representation dated 11.10.2021 within eight weeks from the receipt of the court's order.
CRWP-139-2022
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(113-5)
CRWP-139-2022
Date of Decision : January 10, 2022
Manpreet Kumar
.. Petitioner
Versus
State of Punjab and others
.. Respondents
(Through Video Conferencing)
CORAM:
HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present:
None for the petitioner.
Mr. Sandeep Singh Deol, Deputy Advocate General, Punjab.
(keeping in view the advance copy given).
HARSIMRAN SINGH SETHI J. (ORAL)
Despite the fact that case was called five times, no one appears
on behalf of the petitioner to address the arguments.
Present petition has been filed for the grant of protection to the
petitioner, who is alleged to apprehend threat to his life and liberty at the
hands of respondent No.4.
Though in the petition, it has been mentioned that the incident,
which has led the petitioner to apprehend threat to his life and liberty,
happened on 07.07.2020 whereas the present petition has been filed after a
period of approximately one and half year. Further, in this petition, nothing
has been mentioned that whether, any remedy was explored by the petitioner
after the alleged incident dated 07.07.2020.
HARSHA RANI
2022.01.10 18:35
I attest to the accuracy and
integrity of this document
CRWP-139-2022
2
From the pleadings, it transpires that the petitioner has raised
the said grievance as raised in the present petition before the Senior
Superintendent of Police, District Moga vide representation dated
11.10.2021 (Annexure P-1), which is still pending consideration with the
said authority and the interest of justice will be served, in case a time bound
direction is issued to respondent No.2 to decide the said representation by
passing an appropriate speaking order.
Notice of motion.
Mr. Sandeep Singh Deol, learned Deputy Advocate General,
Punjab, who has joined the proceedings through video conference, keeping
in view the service of advance copy of petition, accepts notice on behalf of
the respondent-State.
Learned counsel for the respondent-State submits that
representation dated 11.10.2021 (Annexure P-1) will be decided within a
period of eight weeks, if not already decided.
Without commenting upon the merits of the case or about the
entitlement of the petitioner for the relief which has been claimed by him in
the representation dated 11.10.2021 (Annexure P-1), the present petition is
disposed of with a direction to respondent No.2-the Senior Superintendent
of Police, District Moga to decide the representation dated 11.10.2021
(Annexure P-1), if not already decided, within a period of eight weeks from
the receipt of copy of this order.
January 10, 2022
(HARSIMRAN SINGH SETHI)
harsha
JUDGE
Whether speaking/reasoned? : Yes/No
Whether reportable?
: Yes/No
HARSHA RANI
2022.01.10 18:35
I attest to the accuracy and
integrity of this document
