C.R. No. 988 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 988 of 2011 (O&M) Date of Decision: February 11, 2011 Davinder Kumar …..Petitioner Vs. Ashok Kumar and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Yogesh Goel, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) The petitioner is a decree-holder entitled to the possession on the basis of warrant of possession which is required to be executed with police help as per Order 21 Rule 31 CPC. Through the instant petition, the petitioner has sought a direction to the District Judge, Ludhiana to take effective steps for the grant of police protection from Commissioner of Police, Ludhiana, for executing the warrants of possession in execution Petition No.83 of April 19, 1994 titled Devinder Kumar and another Vs. Harbans Lal and others, pending in C.R. No. 988 of 2011 (O&M) [2] the court of Sh.Jarnail Singh, Civil Judge, (Junior Division), Ludhiana, fixed for February 24, 2011. The grievance of the petitioner is that the High Court Rules and Orders Volume IV Chapter 7 Part ‘J’ deals with police assistance which reads as follows:- “Police Assistance:- 1. The Punjab Government has decided that the following conditions should govern the rendering of Police assistance to the Civil Courts in the execution of warrants of arrest and distress or of warrants for the delivery of possession of immoveable property. 2. When request may be made for Police assistance—A Subordinate Judge may move the District Judge, or in his absence from the district, the Senior Subordinate Judge to ask the District Magistrate for Police assistance. The request must be accompanied by evidence of the circumstances sufficient to satisfy the District Magistrate that there is a design to commit a cognizable offence or that there is a likelihood of the commission of a cognizable offence by the person or persons on whom a warrant of arrest or distress or for the possession of immoveable property is to be served. 3. Government should be informed when Police assistance permitted.—In all cases in which the District C.R. No. 988 of 2011 (O&M) [3] Magistrate has given permission for the employment of Police for the assistance of the Civil Courts in the execution of warrants, a report of the circumstances should be submitted by him through the Commissioner to the State Government.” It has further been submitted that vide letter of August 6, 1992 issued by Department of Home Affairs and Justice (Judicial Branch) addressed to the Registrar, Punjab and Haryana High Court, in the matters of police assistance to Civil Courts in the execution of Decrees, the District and Sessions Judge was permitted to seek police assistance directly from the Senior Superintendent of Police concerned for execution of decrees or for any other like purpose under intimation to the District Magistrate concerned. Sequel to the said letter, Registrar of Punjab and Haryana High Court had issued instructions vide letter No.613 spl.XI.Y.16.Rulues.16 dated September 17, 1998 addressed to all the District and Sessions Judges of Punjab as follows:- “I am directed to refer you on the subject noted above and to invite your attention to this court’s circular letter NO.21668-Rules/XI.Y.16 dated 10.9.1992 vide which a copy of memo No.18/19/91-1 Judl./4013 dated 6.8.1992 received from the Government of Punjab, Deptt. of Home Affairs and Justice (Judicial) was circulated. In this letter, it has been conveyed that it had been decided by the State Govt. that henceforth the C.R. No. 988 of 2011 (O&M) [4] District and Sessions Judges may seek police assistance directly from the Senior Superintendent of Police concerned for the execution of decrees or any other like purpose under intimation to the District Magistrate concerned. I am again to circulate this letter for your information and necessary compliance.” The grievance of the petitioner is that on account of Commissioner of Police having been appointed in the District of Ludhiana, the post of Senior Superintendent of Police, is no more in existence, therefore, a request was made by District and Sessions Judge, Ludhiana to the Registrar General of Punjab and Haryana High Court vide his letters annexures P-2 and P-3 for necessary correction in the Rules. As the reply from the High Court is awaited and the matter is under consideration of the High Court, the Registrar General had informed District and Sessions Judge, Ludhiana, vide annexure P4, regarding the pendency of the matter for consideration. The petitioner obtained information from Public Information Officer of District and Sessions Judge, Ludhiana, that 18 more cases of such nature are pending in which the warrants of possession with the assistance of police have not been executed for awaiting direction from the High Court regarding amendment of the Rules. Through the instant petition, a direction is sought to the District and Sessions Judge, Ludhiana to expedite the execution proceedings to execute a decree passed on February 24, 1994 and finally confirmed in RSA on November 23, 2009. C.R. No. 988 of 2011 (O&M) [5] A perusal of the provisions of the High Court Rules and Orders Volume IV Chapter 7 Part ‘J’ indicate that police assistance can be granted to the Civil Court in execution of the Warrants of delivery of possession of immoveable property. Rule 2 of Part J requires a Subordinate Judge to move District Judge for police assistance. The request must be accompanied by the evidence of the circumstances sufficient to satisfy the District Magistrate that there is likelihood of commission of cognizable offence by the person or persons on whom the warrants of possession of immoveable property are to be served. It is the District Magistrate who has to provide permission for the employment of the police associating the civil Court in execution of warrants. To facilitate and simplify the procedure, the Department of Home Affairs (Judicial Branch) vide letter dated August 6, 1992 had informed the High Court that District and Sessions Judge may seek police assistance directly from the Senior Superintendent of Police concerned for execution of decrees or any other like purposes under intimation to District Judge, concerned. The letter dated August 6, 1992 has not curtailed the scope of provisions of police assistance in High Court Rules and Orders Volume IV but has facilitated and simplified the procedure by permitting the District and Sessions Judge to directly seek police assistance from Senior Superintendent of Police concerned. The District and Sessions Judge, Ludhiana, appears to have been deferring the execution proceedings waiting for the amendment of the High Court Rules and Orders merely because the Commissioner of Police has been appointed in the District of Ludhiana and the post of Senior Superintendent of Police C.R. No. 988 of 2011 (O&M) [6] is no more in existence. The powers exercised by the Commissioner of police are not, in any manner, lesser than the powers earlier exercised by Senior Superintendent of Police. All the powers which are exercised by the Senior Superintendent of Police can now be exercised by the Commissioner or any other officer lower in hierarchy than Commissioner of Police, Ludhiana. Taking into consideration the above circumstances, a direction is issued to the District and Sessions Judge, Ludhiana, to proceed with the execution proceedings pending before him in accordance with the High Court Rules and Orders, Volume IV, Chapter 7 Part ‘J’, paras 1 and 2 read with letter dated August 6, 1992 and letter No.613 Spl.XI.Y.16.Rules.16 addressed by Registrar to all the District and Sessions Judges Punjab, dated September 17, 1998 by addressing a communication to the Commissioner. It will be open to the Commissioner to get the powers of Senior Superintendent of Police exercised by himself or by any other officer deputed to exercise the said powers. Disposed of in limine. Order be communicated to the District and Sessions Judge, Ludhiana. February 11, 2011 (M.M.S.BEDI) sanjay JUDGE