The right to life and personal liberty under Article 21 of the Constitution mandates protection against threats, allowing individuals to seek security from authorities.

ORDER :

FARJAND ALI, J.

1. The petitioners have preferred this writ petition under Articles 226 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 their family members and other relatives.

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 and perusing the record of the case, this Court is neither going into the niceties of the matter nor proving the relationship between the petitioners, as it is the subject matter of investigation before the Investigating Officer, and is concerned only about the protection of life, limb and liberty as guaranteed under Article 21 of the Constitution of India.

4. 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.

5. In this view of the matter, the instant criminal writ petition is disposed of 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.

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

7. Stay petition also stands disposed of.