Police protection to fund manager alleging threat from Kirron Kher & aide: Punjab & Haryana HC [Read Order]

CHANDIGARH: The Punjab and Haryana High Court has directed Chandigarh Police to provide security for a week to fund manager Chaittnya Aggarwal and his family who claimed to have received threats from Bharatiya Janta Party (BJP) Member of Parliament (MP) Kirron Kher and her political aide Sahdev Salaria.

Without going into the merits of Agarwal's case or evidentiary value of any of his allegations, the Court granted him protection as sought for a week till December 19, 2 pm as the petition sought protection of the fundamental right to life and liberty guaranteed under Article 21 of the Constitution. 

The bench of Justice Anoop Chitkara said it had no material to doubt or disbelieve any of the allegations and therefore, "if this Court does not give them protection for the time being, that might amount to not exercising the constitutional jurisdiction.”

Even though there was no formal complaint in this regard by Agarwal to the concerned jurisdictional police, the senior counsel for Aggarwal, Sr. Adv. (Dr.) Anmol Rattan Sidhu argued that “Article 21 of the Constitution of India is supreme and there is no necessity for the petitioner to first make a call on Helpline No.112.” 

He submitted that the petitioners had come straight to this Court due to “the profile of respondent no.2” (reportedly Kirron Kher).

Accepting the petitioner's submissions, the Court granted protection to Agarwal and his family for a week, restricting his wife and his movement out of their house to the bare essential only. It placed no restriction on the movement of Agarwal's minor daughters.

It clarified that the protection would automatically come off in case of any violation of the restrictions by the petitioner or his wife.

The bench further stated that the said protection order was not to be taken as a blanket bail in case of any FIR against the petitioner, and “shall not come in the way if the interrogation of the petitioner is required in any cognizable case.”

According to reports Aggarwal came in touch with Salaria (a financier) through a BJP worker. Salaria claimed to be handling money for influential people, including Kher. 

Aggarwal alleged that Kher had given him Rs. 8 crore for investment, which was to be returned after profits. However, due to fluctuations in the market he could only return Rs. 2 cr and sought more time to return the remaining amount.

He alleged that the MP and her aide started threatening him, and demanded that he return the money immediately, along with interest. Thus Aggarwal alleged that he was being constantly harassed by Kher and Salaria “who have made it abundantly clear” that his life is at risk.

[Read order]