Crl.M.No.M-17489 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-17489/2010(O&M) Date of decision: 26.7.2010. Ravi Kumar Sondhi U.T.Administration Etc. V. ....................... Petitioner ...................... Respondents Coram: Hon'ble Mr.Justiee Jaswant Singh Present: Mr.Sanjay Kaushal, Advocate Standing Counsel for UT Chandigarh. Mr.Mahabir Singh Sindhu,Addl.AG Haryana Mr.Gaurav Garg Dhuriwala,AAG Punjab. Jaswant Singh.J. Petitioner, Sh. Ravi Kumar Sondhi, who is presently posted as Additional District and Sessions Judge, Karnal was earlier posted as such at Chandigarh. During his posting at Chandigarh he decided cases relating to assassination of Late Beant Singh, the then Chief Minister,Punjab as also other cases involving terrorists. In view of threat perception to him, he and his family was provided 'Z' Security Cover as per directions of this Court in Crl.M.No.13858 of 2008. After his transfer to Karnal, the petitioner vide letter dated 26.3.2010 addressed to Registrar of this Court made two fold submissions; (0 to retain the government accommodation at Chandigarh on security Crl.M.No.M-17489 of 2010(O&M) 2 grounds to keep his family there and (ii) to direct the UT Administration to continue the security cover provided to the Presiding Officer. This Court vide order dated 29.4.2010 permitted the officer to retain the government accommodation at Chandigarh. Thereafter, the petitioner requested the U.T. Police to continue the security cover provided to his family at Chandigarh as well as to him during his visits to Chandigarh, as it used to be during his posting at Chandigarh. Vide letter dated 11.6.2010, petitioner intimated this Court that on the evening of 10th June,2010, the UT Police had withdrawn the 'Z' security cover provided to him, without any notice to him, by recalling the Commandos/Escort vehicle posted at his residence and instead posted only two PSOs in civil dress. Accordingly, he had requested for providing security cover to him. The matter was put up on administrative side and vide order dated 15.6.2010 passed by Hon'ble Mr.Justice Hemant Gupta the matter was treated as Crl.Misc.Petition and ordered to be put up before the Bench on judicial side. In pursuance of the said order dated 15.6.2010, the matter was assigned CrI.M.No.17489-M of 2010 and put up before a Coordinate Bench of this Court. Vide order dated 22.6.2010 notice was issued to Advocate Generals, Punjab,Haryana and the Standing Counsel for Chandigarh Administration. In compliance with the notice,reply by way of an affidavit dated 25.6.2010 was filed by Rakesh Kumar Arya, SP Karnal on behalf of State of Haryana stating therein that after the posting of the petitioner at Karnal, adequate security cover has been provided to the petitioner keeping in view Crl.M.No.M-17489 of 2010(O&M) 3 the directions dated 8.7.2008 passed by this Court in CrI.M.No.13858-M of 2008. On behalf of UT Administration an affidavit dated 13.7.2010 has been filed by Sh.Bhupinder Singh, Joint Secretary,Home, Chandigarh Administration, stating therein that the matter regarding providing of security cover to the petitioner and his family was discussed and reviewed in various meetings of the Protection Review Group held from time to time and after the transfer of the petitioner to Karnal, his family is being provided the following security cover:- a)Static Guards of 2 Head Constables and 8 Constables at the residence of the ld. Additional District and Sessions Judge i.e. two sentries round the clock one in front and one at the rear side of the residence of the Ld.Additional District and Sessions Judge. b)1 PSO with the family members of the Ld.Additional District & Sessions Judge. c) One Police Control Room escort to his son/family, which includes one driver, one Police Control Room constable, one officer of the rank of ASI/SI with a 9 mm pistol and a commando with an automatic weapon. This escort vehicle has been provided during the day as well as the night. d) The residence of the Ld.Additional District and Crl.M.No.M-17489 of 2010(O&M) 4 Sessions Judge is being covered by the beat staff of Police Station Sector 26 and Police Control Room Vehicles." It is further stated in the said affidavit that the PSOs earlier provided to the petitioner will perform their duties only when the petitioner is present at Chandigarh and during his recent stay at Chandigarh officer was provided security cover i.e. a bullet proof car and an escort vehicle with two commandos carrying automatic weapons. It is also stated therein that Chandigarh Administration shall provide additional security as would be directed by this Court. In view of the affidavits filed by the State of Haryana and Chandigarh Administration, in my opinion, no further action is called for. However, in case the petitioner feels any laxity in the security cover provided to him, he may move this Court accordingly. Disposed of 26.7.2010. (Jaswant Singh) joshi Judge