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2025 Supreme(RAJ) 516

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Farjand Ali, J
SHREE KISHAN AGGARWAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW / 193 / 2025



Advocates:
Mr. Hari Shanker Shrimali, Mr. N.S. Chandawat, P.P.

The court affirmed the right to seek protection under Article 21 of the Constitution, emphasizing the importance of safeguarding life and liberty from threats.

Headnote:(A) Constitution of India - Articles 21, 226, and 227 - Right to life and personal liberty - Petitioners sought protection due to threats from private respondents - Court recognized the right to seek protection under Article 21, emphasizing the importance of life, limb, and liberty - Petitioners directed to approach the Superintendent of Police for necessary security measures. (Paras 1-3)

(B) Fundamental Rights - The right to reside with honor and dignity is a fundamental right of citizens in India, and any threat to this right constitutes a violation. (Paras 2-3)

Facts of the case:
The petitioners filed a writ petition claiming threats to their life and liberty from private respondents, seeking protection from authorities.

Findings of Court:
The court found that the petitioners have a right to seek protection and directed them to approach the Superintendent of Police for addressing their grievances.

Issues: The main issue was the petitioners' apprehension of threats to their life and liberty and the necessity for police protection.

Ratio Decidendi: The court held that the petitioners are entitled to protection under Article 21 of the Constitution, affirming their right to life and liberty.

Result: Writ petition disposed of with directions.

Order :

1. The petitioners have preferred this Writ Petition under under Article 226 & 227 of the Constitution Of India for issuance of necessary directions to the official respondents to provide adequate security and protection to the petitioners on the ground that they are facing grave threat of life and liberty at the hands of private respondent Nos.5 to 7.

2. Learned counsel for the petitioners submits that Article 21 of the Constitution of India provides for right to life, limb and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same. Being the citizens of independent India, the petitioners have right to reside with honour and dignity. Therefore, they have sought the protection from the hands of private respondents and they also sought direction to respondents to provide them protection.

3. After hearing learned counsel for the parties as well as perusing the record of the case, since the petitioners apprehend threat to their right of life and liberty, this Court is of the considered view that the petitioners have every right to seek the protection of their life, limb and liberty; and therefore persuade to dispose of the present petition with the direction to the petitioners to appear before the concerned Superintendent of Police along with appropriate representation regarding their grievance. The concerned Superintendent of Police shall in turn hear the grievance of the petitioners, and after analyzing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners.

4. It is made clear that any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioners.

5. Accordingly, the instant criminal writ petition is disposed of

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