T.A.No.157 of 2008 T.A.No.158 of 2008 and T.A.No.159 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) T.A.No.157 of 2008 Decided on August 06, 2009. Parmod Kashap .. Petitioner VERSUS Radha Rani and another. .. Respondents * * * (2) T.A.No.158 of 2008. Parmod Kashap and another .. Petitioners VERSUS Kewal Krishan and others. .. Respondents * * * (3) T.A.No.159 of 2008. Arjan Dass .. Petitioner VERSUS Smt.Veena Rani and others. .. Respondents . . . 1 T.A.No.157 of 2008 T.A.No.158 of 2008 and T.A.No.159 of 2008 CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Ashok Giri, Advocate, for the petitioners in all the three transfer applications. Mr.Sunil Garg, Advocate, for the respondents in TA.Nos.157 & 158. M.M.S. BEDI, J. (ORAL) There appears to be a dispute inter se Arjan Dass son of Faquir Chand and Bimla Devi wife of Bishan Dass, regarding a property No.ES-15, Dhobi Mohalla, Jalandhar. Arjan Dass, has filed a suit for possession of the said property claiming that his father Faquir Chand had mortgaged his property with Nagina Singh. Faquir Chand died before the property could be redeemed. He claims that defendant has been occupying the property forcibly without any right. The said case is pending in the Court of Civil Judge (Sr.Divn.), Jalandhar, since the year 1999. Counsel for the petitioner has informed that there are three civil cases pending between the petitioner and respondents and between the sons of the petitioner and other defendants. One criminal complaint is also stated to be pending in Jalandhar. . . . 2 T.A.No.157 of 2008 T.A.No.158 of 2008 and T.A.No.159 of 2008 Four applications for transfer have been filed. Since same plea has been taken in all the transfer applications, as such, these have been taken up simultaneously and are being disposed of by a single order. The petitioner seeks the transfer of the proceedings, inter alia, on the ground that in order to pressurize the petitioner and his other family members to withdraw the suit for possession, a son of respondent namely Pankaj had attacked the petitioner on 04.07.2004 and had also given threats, stones were pelted upon the petitioner, a criminal complaint had also been filed by the petitioner against said Pankaj. On 04.11.2005, the associates of Pankaj had caused injuries to the daughter of the petitioner regarding which an FIR was registered. It is also averred in the transfer application that the associates of Pankaj again attacked the sons of the petitioner in the Court premises to pressurize the petitioner to withdraw the cases and the FIR and therefore, another FIR was registered on 28.06.2006. On the basis of said events, the petitioner complains that he has got genuine apprehension that the respondent, her associates and her sons would not permit the petitioner and his witnesses to pursue the case smoothly at Jalandhar. A prayer has been made for transfer of the three civil suits pending at Jalandhar to Ludhiana or any other place having jurisdiction to decide the lis, on the above said grounds. . . . 3 T.A.No.157 of 2008 T.A.No.158 of 2008 and T.A.No.159 of 2008 I have heard the learned counsel for the petitioner and considered the apprehension on the basis of the earlier alleged conduct of the respondent. This Court is of the opinion that if a litigant is not safe to pursue the legal remedy in Jalandhar, he cannot claim that he will be safe in another District i.e. Ludhiana. In democratic set up of this country, a litigant cannot fearlessly pursue the legal remedies available to him unless and until the State is vigilant enough to maintain law and order. Without expression of any opinion regarding the incidents mentioned in the petition, I deem it appropriate not to transfer the civil cases filed by the petitioner or his son from Jalandhar to Ludhiana, but rather, issue a direction to the Senior Superintendent of Police, Jalandhar, to safeguard the life and liberty of the petitioner. This petition is dismissed with a direction that in case the petitioner being apprehensive of threat to his life, limb or property moves an application to the Senior Superintendent of Police, Jalandhar, indicating the specific date of hearing, it would be ensured that the petitioner, his family members or witnesses etc. will not be caused any threat or injury before, during or after the proceedings. However, petitioner will be at liberty to approach the Senior Superintendent of Police, Jalandhar, for necessary protection by indicating the actual dates of hearing. As the litigation is pending since long, the trial . . . 4 T.A.No.157 of 2008 T.A.No.158 of 2008 and T.A.No.159 of 2008 Courts are directed to expeditiously dispose of the matter by giving short dates of hearing. Nothing mentioned in the above said will be deemed to be an expression of opinion regarding the allegations in this petition or conduct of respondents and will also not effect the merits of the case, in any manner. Copy of order be sent to the Senior Superintendent of Police, Jalandhar. (M.M.S.BEDI) JUDGE August 06, 2009. rka . . . 5 T.A.No.157 of 2008 T.A.No.158 of 2008 and T.A.No.159 of 2008 . . . 6