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‘Life, liberty’ pleas cannot be a smokescreen: Punjab and Haryana High Court

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Flagging the misuse of petitions seeking protection of life and personal liberty, the Punjab and Haryana High Court has called for a check on pleas filed as smokescreen to cover the petitioners’ own actions.“The filing of such petitions needs to be curbed,” Justice Vikram Aggarwal observed while disposing of a petition alleging illegal raids by police officials.“Before parting with the order, it needs to be mentioned that it has been noticed that a large number of petitions are being filed with a prayer to protect life and personal liberty. Whereas in some cases, there is an actual threat but in most, it has been observed, with a view to conceal and camouflage their own actions, such petitions are instituted,” Justice Aggarwal asserted.The Bench also made it clear that the issue would be taken up at the “appropriate stage in an appropriate case”.The observation assumes added significance against the High Court’s enormous docket and continuing shortage of judges. Against a sanctioned strength of 85, the court has been functioning with only 64 judges, while more than 4.22 lakh cases remain pending—2,55,274 civil and 1,67,587 criminal.Petitions of the kind flagged by the court inevitably add to this burden by consuming judicial time that could otherwise be devoted to genuine disputes. If the court’s concern translates into effective scrutiny of such pleas, it could help unclog the docket and accelerate adjudication as every judicial hour saved from a meritless proceeding is an hour gained for a litigant awaiting justice.The matter was placed before Justice Aggarwal’s Bench after the petitioner moved the high court seeking protection of the petitioner’s life and liberty and restraint against alleged harassment and illegal raids by police officials.Describing himself as a sports player with no criminal history, the petitioner alleged that police officials raided his house without a search warrant or notice and took away a Bullet motorcycle and a car. He further alleged that the police again raided the house and took away 50 grams of gold.Taking up the matter, the Bench on a previous date of hearing directed the State of Punjab to file a short affidavit regarding the assertions made in the petition.As the matter came up resumed hearing, Justice Aggarwal observed a short affidavit had been filed by Deputy Superintendent of Police of Sub-Division Bhawanigarh in Sangrur district.As per the affidavit, an inquiry was conducted into the representation moved by the petitioner by the SHO of Bhawanigarh police station. Based upon the inquiry report, it was submitted that the allegations had not been substantiated and were “false and baseless”.The report, referred to in the order by Justice Aggarwal, said the allegations appeared to have been levelled “with the ulterior intention of exerting pressure upon the police department and thereby preventing the police authorities from taking any legal action” relating to alleged illegal activities concerning the sale/supply of intoxicant substances.Taking note of the submissions, Justice Aggarwal disposed of the petition, while granting the petitioner liberty to avail remedies admissible in law.

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