23 Aug 2023 3:45 AM GMT
The Punjab & Haryana High Court on Tuesday granted temporary police protection to the caretaker of a mosque which was allegedly vandalised by a mob during Nuh violence.Justice Anoop Chitkara granted the protection for fifteen days considering the potential gravity of the situation but clarified that the order does not imply a decision on the merits of the case.“If the allegations...
The Punjab & Haryana High Court on Tuesday granted temporary police protection to the caretaker of a mosque which was allegedly vandalised by a mob during Nuh violence.
Justice Anoop Chitkara granted the protection for fifteen days considering the potential gravity of the situation but clarified that the order does not imply a decision on the merits of the case.
“If the allegations of apprehension of threat to life turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protection to the petitioner for fifteen days from today.”
The Court was hearing a plea for police protection by Rasid, a resident of Nuh who was acting as the caretaker of Ramnagar Mosque, Palwal. The mosque was allegedly vandalized in the aftermath of the Nuh Violence on July 31.
The counsel for the petitioner Advocate Talim submitted that several accused persons named in the petitioner's police complaint dated 03.08.2023 and 10-15 other persons, arrived at his residence armed with guns, rods, swords and other dangerous weapons and hurled verbal abuses at him. The accused then barged in and trespassed into Rasid’s house and criminally assaulted him and his family members and vandalised the house. It was also stated that the aforesaid mosque was also vandalized and destroyed.
The petitioner submitted that “despite the widespread destruction carried out by the Accused Persons at the Petitioner's residence at Hodal and the mosque of which he is the caretaker, the investigating agency has shown no inclination to ensure security of the Petitioner or ensure safe passage back to his residence in Hodal, Palwal, nor make any attempts to apprehend the Accused Persons.”
Considering the submissions, the bench noted,
“Fearing for life and liberty at the hands of the private respondents, the petitioner, invoking the fundamental right of life guaranteed under Article 21 of the Constitution of India, has come up before this Court seeking protection through the State.”
While granting protection for 15 days, the bench clarified that if the petitioner no longer requires the protection, then at his request, it may be discontinued even before the expiry of fifteen days.
After that, the concerned officers were directed to extend the protection on day-to-day analysis of the ground realities or upon the oral or written request of the petitioner.
The plea was accordingly disposed of.
Case Title: Rasid v. State of Haryana & Ors.
Citation: 2023 LiveLaw (PH) 148
Appearance: Advocate Talim Hussain for the petitioner.
Rajat Gautam, Addl.A.G. for Haryana.
Click Here to Read/Download the Order