Punjab and Haryana High Court Reaffirms Police Responsibility in Citizen Protection

In a significant ruling on August 14, 2024, the Punjab and Haryana High Court delivered its judgment in the case of Lakhbir Singh @ Lakha and Others v. State of Punjab and Others (2024 Latest Caselaw 14712 P&H). This case centered on the petitioners' request for police protection due to threats to their lives and property.

●        Case Background

The petitioners, Lakhbir Singh alias Lakha and others, approached the High Court under Section 482 of the Code of Criminal Procedure, seeking protection from alleged threats. They contended that certain individuals had issued threats, endangering their safety and security. The petitioners argued that despite filing complaints with the local police, no effective action had been taken to safeguard them.

●        Court's Observations and Judgment

Upon reviewing the submissions, the High Court emphasized that the primary responsibility for protecting citizens lies with the state police. The Court noted that individuals facing genuine threats should first approach the Senior Superintendent of Police (SSP) of their respective districts to seek redress.

The Court further observed that if the SSP, upon evaluating the complaint, finds the threats to be credible, appropriate measures should be implemented to ensure the petitioners' safety. This includes providing police protection if deemed necessary.

In its judgment, the Court directed the petitioners to submit a detailed representation outlining their grievances to the concerned SSP. The SSP was instructed to assess the situation and take suitable action within a stipulated timeframe. The Court clarified that if the SSP concludes that the threats are genuine, adequate protection should be provided to the petitioners.

●        Implications of the Judgment

This ruling underscores the procedural protocol for individuals seeking protection due to threats. The High Court reaffirmed that the appropriate course of action is to approach the district's SSP before seeking judicial intervention. The judgment delineates the responsibilities of the police authorities in assessing and addressing threats to individuals.

Moreover, the Court's decision highlights the judiciary's role in ensuring that law enforcement agencies fulfill their duties in protecting citizens. By directing the petitioners to the SSP, the Court emphasized the importance of following established administrative channels before escalating matters to the judiciary.

Conclusion

The Punjab and Haryana High Court's decision in Lakhbir Singh @ Lakha and Others v. State of Punjab and Others serves as a pertinent reminder of the procedural avenues available to individuals facing threats. It reinforces the principle that the state police are the first point of contact for citizens seeking protection. The judgment also reflects the Court's commitment to upholding the rule of law by ensuring that administrative processes are duly followed, thereby maintaining the balance between judicial intervention and administrative responsibility.