IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Manoj Kumar Tiwari, JJ.
Mayank Awasthi - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (CRL) No. 2362 of 2022
Decided On : 15-12-2022
Threats - Personal Safety - The court directed the authorities to assess the threat perceived by the petitioner and take steps to ensure his safety from the individual issuing threats.
Fact of the Case:
The petitioner sought protection from the authorities due to threats received from an individual, including a visit to the petitioner's office and allegations regarding involvement with the individual's wife.
Finding of the Court:
The court directed the authorities to assess the threat perceived by the petitioner and take steps to ensure his safety from the individual issuing threats. The court also instructed the authorities to counsel the individual against taking the law into his own hands.
Issues: The main issue was the petitioner's safety and protection from threats and potential harm from the individual issuing threats.
Ratio Decidendi: The court emphasized that any grievance the individual may have against the petitioner does not justify taking the law into his own hands or causing harm to the petitioner.
Final Decision: The writ petition was disposed of with a direction to the authorities to assess the threat perceived by the petitioner and take steps to ensure his safety from the individual issuing threats. The authorities were also instructed to counsel the individual against taking the law into his own hands.
JUDGMENT
Vipin Sanghi, CJ. - Issue notice.
2. Notices have been accepted by Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand / respondent nos. 1 & 2.
3. The petitioner has preferred this writ petition to seek a direction to the respondents-authorities to provide him adequate protection from respondent no. 3.
4. The case of the petitioner is that he has received call on his Mobile No. 9149344739 from an unknown Mobile No. 7900700090, which happens to be of respondent no. 3, on 06.12.2022, issuing threats to him. On 07.12.2022, respondent no. 3, along with 7-8 other persons, reached the Office of the petitioner to enquire about petitioner's whereabouts. The petitioner states that respondent no. 3 has doubts about the petitioner's involvement with his wife, which is stated to be the reason for the threats issued by respondent no. 3.
5. Whatever grievance, respondent no. 3 may have against the petitioner, that would not justify respondent no. 3 taking the law into his own hands, or causing any harm or injury to the petitioner.
6. We, therefore, dispose of this writ petition with a direction to respondent nos. 1 & 2 to make an assessment of threat perceived by the petitioner, and to take steps so that the petitioner does not come to any harm at the hands of respondent no. 3, or any other person connected with him.
7. Respondent no. 2 shall counsel respondent no. 3 not to take the law into his own hands.
8. The writ petition is disposed of, accordingly.
9. Consequently, pending applications, if any, also stand disposed of.
10. Let a free copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance.
11. Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.
The main legal principle established is that grievances do not justify taking the law into one's own hands or causing harm to others.
The court has the authority to direct law enforcement to address genuine threats to an individual's life and liberty.
The duty of police authorities to provide protection to individuals facing threats or damage.
Availability of Witness Protection Scheme for individuals facing threats as witnesses
The court has the authority to direct law enforcement agencies to examine and address alleged threats to life and property.
The court's decision was based on addressing the alleged threat perception of the petitioner and taking necessary steps if a genuine threat is found.
The court has the authority to direct law enforcement to take necessary steps to address genuine threats to life and liberty.
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