IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
COCP No.1507 of 2008
Date of decision: February 17, 2009
Rakesh Kamboj
.....PETITIONER
Versus
Ranjive Dalal, the Director General of Police, Haryana
.....RESPONDENT
CORAM: HON’BLE MR JUSTICE T.P.S.MANN
PRESENT: None for the petitioner.
Mr. S.K.Hooda, Sr Deputy Advocate General, Haryana
for the respondent.
T.P.S.MANN, J. (Oral):
Reply filed on behalf of the respondent today in the Court is
taken on record.
On 26.3.2008, while issuing notice of motion in Cr. Misc. No.
M-7648 of 2008 filed on behalf of the petitioner for providing him security,
a direction was issued to the respondent to provide adequate security to the
petitioner as warranted by the circumstances. The petitioner then filed
COCP No.561 of 2008, as according to him, the respondent was sitting tight
over the matter because of certain extraneous considerations. This petition
came up for hearing on 21.4.2008, when a direction was issued to the
respondent to restore the same set of police personnel as was earlier
provided to the petitioner. The petitioner still claimed that no security had
been given to him. Accordingly, he filed the present petition under Sections
11 and 12 of the Contempt of Courts Act.
Learned State counsel submits that Cr. Misc. No.M-7648 of
2008 filed on behalf of the petitioner stands disposed of by this Court on
22.1.2009 by directing the respondent to consider the threat perception to
the petitioner and then to take a decision whether security was to be
provided to him or not. It has also been submitted that COCP No.561 of
2008 was also disposed of on 1.5.2008 and the rule discharged in view of
the stand of the respondent that three constables, who were earlier attached
with the petitioner as gunmen had been restored to him.
Learned State counsel further submits that in view of the final
order passed by this Court on 22.1.2009 in Cr. Misc. No. M-7648 of 2008,
the assessment of threat perception to the petitioner was considered by the
respondent, who obtained reports from Superintendent of Police, Karnal and
District Inspector, CID, Karnal, both of whom sent their reports that there
was no threat perception to the life and liberty of the petitioner. It has,
however, been submitted that till date three police constables, who had
earlier been attached with the petitioner as gunmen are still continuing to
provide security to him.
In view of the above, it cannot be said that orders dated
26.3.2008 and 21.4.2008 passed by this Court have not been complied with
by the respondent.
The petition has been rendered infructuous and is, accordingly,
disposed of. Rule is discharged.
However, keeping in view the fact that the petitioner is an Ex-
M.L.A, who was earlier in Congress-I and now joined another political
faction and that according to him, he was stopped on 1.12.2007 and given
merciless beatings by the police, as a result of which, he suffered multiple
injuries, a direction is issued to the respondent to provide atleast one police
constable for the security of the petitioner. These directions shall be open to
review after the expiry of a period of one year from today.
February 17, 2009 (T.P.S.MANN) Pds. JUDGE