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The Punjab & Haryana High Court has directed that if the threat perception to the Hindu outfit leader is genuine, security shall be provided to him. However, the provided security will come with certain conditions.

PUNJAB & HARYANA HIGH COURT

ARVIND KUMAR SHARMA

V.

STATE OF PUNJAB

2023:PHHC:086614

Coram Hon’ble Mr. Justice Anoop Chitkara

FACTS:

According to the available information, an inquiry was conducted during which the petitioner failed to provide concrete evidence regarding the alleged threats from the Khalistan Liberation Force. The inquiry specifically mentioned that the petitioner’s intention for seeking security appeared to be related to his reputation in society. It is important to note that the dispute in question concerns the possession of a flat, but the petitioner is not seeking protection in that context, and therefore, that aspect is not being considered in this case. Although the petitioner has attached a threat letter, the court or authorities cannot grant indefinite protection based solely on that letter. The petitioner is expected to take appropriate measures to ensure their safety. Moreover, the State authorities did not find sufficient corroboration or supporting evidence related to the mentioned threat letter, and as a result, the petitioner cannot seek endless or perpetual protection solely on the basis of that letter. The petitioner needs to substantiate the threats with credible evidence to warrant further protective measures.

COURT ANALYSIS AND DECISION:

Based on the entirety of the facts and circumstances, it has been clarified that if the petitioner genuinely feels a threat to his life, he may approach the relevant Superintendent of Police. The Superintendent of Police will then provide him with security on a day-to-day basis. However, it is essential for the petitioner to fully cooperate during such a threat perception and avoid attending public functions, weddings, parties, or unnecessarily roaming in areas that could jeopardize his safety. The order further specifies that if the petitioner fails to comply with the condition of not visiting the mentioned places, the security provided shall be withdrawn immediately. The provided security shall remain in effect for a duration of 30 days. If the threat perception persists beyond this period, the petitioner can file a representation with the concerned Superintendent of Police. If still aggrieved, the petitioner is free to approach the Court again for further consideration of his case.

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Written by- Srijan Garg