MANU/PH/2183/2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-12231-2015 (O&M)

Decided On: 31.07.2015

Appellants: Naresh Kumar Sehgal Vs. Respondent: Union of India and Ors.

Hon'ble Judges/Coram:
Mahesh Grover

JUDGMENT

Mahesh Grover, J.

CRM-23974-2015

1. CRM is allowed, as prayed for.

2. Rejoinder is taken on record, subject to all just exceptions.

CRM-M-12231-2015

3. During the course of proceedings, the Court notices that in para no. 2 of the petition it was stated by the petitioner on affidavit as below:

"That he is a press reporter and he is running a newspaper known as Duniya De Charche, Kotkapura."

4. Petitioner is present in the Court and has submitted that he does not possess any degree/diploma in Journalism to his credit and is, thus, totally unqualified.

5. By posing as a press reporter and using this as a leverage, he has been levelling allegations against all and sundry in the Government of Punjab, higher officials of the Union of India, as also, some officials of the Advocate General's office. He projects himself as a person with a social and missionary zeal who has set out to expose people in higher places and in the process has levelled reckless allegations to thereafter seek security for himself on the pretext that his life is threatened on account of his reporting and complaints.

6. In this petition, it would be appropriate to notice his prayer for the simple reason that similar prayers have been made by the petitioner in number of cases, some of which have already been decided with stricture against the petitioner.

7. As many as 20 petitions are listed for 20.08.2015 where one of the prayers at least is common as the Court has been informed i.e for providing him security. The Court has also been informed that as many as 218 petitions have been filed by the petitioner before this Court.

8. The Court does not have the benefit of all the 218 cases but at least some of the examples of the petitions preferred by the petitioner have been brought out in the reply submitted by the respondents and other material shown to this Court during the course of hearing.

9. So far as this petition is concerned, this Court vide its order dated 23.04.2015 recorded the statement made by the learned counsel appearing for the State on instructions from Sh.Baljit Singh, DSP, Kotkapura to say that the police has no objection in providing necessary security to the petitioner and it will be ensured that no untoward harm is caused to him when he appears before the Court on 30.04.2015.

10. It is pertinent to mention here that the petitioner had sought protection on account of his apprehension that he has to appear before the Court of District Judge, Faridkot as a witness against Sh.Sukhbir Singh Badal, Deputy Chief Minister of Punjab in a case FIR No. 93 dated 21.06.2002. It is also essential to point out here that this FIR was cancelled and before the Court of Judicial Magistrate 1st Class, Faridkot the petitioner had stated that 'present cancellation report' submitted by the police does not require any further proceedings and he has no objection if the cancellation report is decided in accordance with law. Thereafter, he made another written request dated 19.10.2012 before the very same Court admitting that he has no objection if the cancellation report is decided in accordance with law. Of course the petitioner had stated that the cancellation report relates to the incident dated 05.09.1999, the day of the election and the complainant (petitioner) had filed a Criminal Misc. No. 28708 of 1999 regarding a violent incident on the day in question in this Court. FIR No. 129 dated 30.06.2006 was registered under Sections 307,392, 323, 327, 201 and 120-B IPC Police Station Kotkapura against the accused persons. In this way, there is hardly any reason to project to this Court that he was apprehending threat at the hands of the respondents on his appearance before ........