BHAGAT SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The respondents No.3 to 7 are served and are duly represented through counsel.

(2.) The present petition is filed by the petitioner praying inter alia for protection from the purported illegal harassment and torture on the part of the respondents No.3 to 7 and to restrain the said respondents from entering the Gurudwara constructed in front of House No.E-245, Wazir Pur, J.J. Colony, Delhi. It is the case of the petitioner that in the year 1965, his parents constructed a Gurudwara in front of their house at the aforesaid address and started sewa and became caretakers thereof. After their demise, the petitioner, who is handicapped, became the caretaker of the Gurudwara and survives on the donations made by the devotees, who visit the Gurudwara. It is averred in the petition that the respondents No.3 & 4 have threatened to kill the petitioner in case he does not leave the Gurudwara. The cause of action for filing the present petition is stated to have arisen on 17.5.2010, when the respondents No.3 to 7 purportedly entered the Gurudwara by breaking open its lock, gave beatings to the petitioner and his wife and took away various articles lying in the Gurudwara, as mentioned in para 3(G) of the petition. It is stated that on the very next date, i.e., on 18.5.2010, the petitioner made over a complaint to the respondent No.2 against the respondents No.3 to 7, but as no action was taken by the respondents No.1 & 2, he was compelled to file the present petition.

(3.) Vide order dated 9.6.2010, a Status Report was called for, from the respondents No.1 & 2. The same has been handed over in the Court, with an advance copy to the other side, and taken on the record. It is stated in the Status Report that the Gurudwara in question is built on Government land and is being maintained by a Society called Gurudwara Shri Guru Singh Sabha, JJ Colony Wazir Pur Delhi. Delhi. It is further stated that the petitioner is not residing at the address given in the petition, i.e., House No.E-245, Wazir Pur, J.J. Colony, Delhi, though the said property belongs to his parents and that in fact he is residing somewhere else.