The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before the High Court of Punjab and Haryana sought a direction to authorities to provide adequate security cover to the Petitioner and his family members.
Facts of the Case
The Petitioner herein Tikshan Sood was a former Punjab minister and senior BJP leader. He alleged that a group of protesters who were suspected to be farmers had unloaded a trolley full of cow dung in front of the Petitioner’s residence. The protestors had also tried to attack the Petitioner who was protected by his men. Hence, the present petition sought direction for the Punjab police and other authorities to assess the threat perception to the Petitioner and his family members to protect their life, liberty and property by providing permanent security cover as required.
Submissions before the Court
Ld. Counsel Mr Krishnan Singh appeared for the Petitioner. He submitted that the Petitioner was a senior BJP leader who remained Member of Legislative Assembly (MLA) from Hoshiarpur constituency for 15 years and was appointed as Cabinet minister twice and as political adviser to Punjab Chief Minister.
It was further submitted that the protesters were angry over a remark made by the Petitioner, who said that most farmers protesting at Singhu were not aware of the farm laws and were going on a picnic. On which, the Petitioner held that he never intended to make nor made any statement that might hurt the feelings of the protesting farmers. It was contended that the political opponents twisted his statement attributing the Petitioner against farmers.
Mr Singh further contended that threats were being extended to the Petitioner under the conviction that the Petitioner was not supporting the on-going Kisan agitation.
Court’s Order
A Single Bench of Justice Arun Kumar Tyagi observed that the Constitution of India guarantees to all citizens the right to freedom of speech and expression and to assemble peaceably without arms. However, the protesters could not violate the fundamental rights of others and indulge in any criminal act.
After which, the Court directed Punjab Police to make an assessment of threat perception of danger to the Petitioner and his family members and take appropriate steps for their protection of life, liberty and property.
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