18 July 2023 2:00 PM GMT
The Punjab & Haryana High Court has directed the Punjab Police to provide security to Arvind Kumar Sharma, who claims to be a senior BJP leader and National President of Hindu Shakti Sangathan, in case he has "any genuine threat perception", on the condition that he will not attend any public functions like wedding or parties during such threat perception.Sharma in the petition claimed...
The Punjab & Haryana High Court has directed the Punjab Police to provide security to Arvind Kumar Sharma, who claims to be a senior BJP leader and National President of Hindu Shakti Sangathan, in case he has "any genuine threat perception", on the condition that he will not attend any public functions like wedding or parties during such threat perception.
Sharma in the petition claimed to have received a threatening letter from Khalistan Liberation Force. While the State said Sharma is seeking security only to flaunt his profile, Justice Anoop Chitkara in the order said that in case he feels any genuine threat perception, he may approach the concerned Superintendent of Police who shall provide security to him on day to day basis.
“It is further clarified that such security shall be subject to the condition that the petitioner, during such threat perception, shall fully cooperate and not attend any public functions, weddings, parties and will not unnecessarily roam in the area putting his life at risk. It is also clarified that the order regarding not visiting the aforesaid places, is not complied with, security shall be withdrawn immediately, if it is provided,” the court added.
It also clarified that the “order shall remain in force only for 30 days and in case, threat perception still persists it shall be open for the petitioner to approach the concerned Superintendent of Police by filing the representation and in case, he still aggrieved then he is at liberty to approach this Court again.”
In response to the plea, Assistant Commissioner of Police earlier submitted that while conducting an inquiry on the matter, the petitioner did not produce any concrete evidence regarding such threats. It was also stated in reply that Sharma wanted to get security “for the sake of his reputation in the society.”
"In para 7 of the reply, it has been specifically mentioned that the petitioner has been provided the phone numbers of the concerned police officials and he has hired private security to manage access to his residence and only those individuals who have been authenticated by the security personnel, are permitted to enter. In nutshell, stand of the State is that the petitioner is seeking security only to flaunt his profile," the court noted in the order.
Justice Chitkara said that although Sharma has annexed a threat letter but he cannot claim any indefinite protection solely on that and he himself has to take appropriate steps to secure his life.
"Furthermore, the State did not find sufficient corroboration behind the said letter and under its garb, the petitioner cannot seek endless protection," the court added.
Case Title: Arvind Kumar Sharma v. State of Punjab and others
Citation: 2023 LiveLaw (PH) 131
Advocate Aditya Pal Singh, for the petitioner.
Karunesh Kaushal, AAG, Punjab for state.
Click Here To Read/Download Order