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ANAND PATHAK
DILIP SHARMA – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
(ANAND PATHAK, J.)
The present petition under Article 226/227 of the Constitution has been preferred by the petitioners seeking following reliefs :
(b) Any other such order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case, be also passed along with the costs the writ petition.”
2. Petitioners are the real brothers and are permanent residents of district Gwalior. Petitioner No. 2 is Managing Director, Heeralal Estate and Constructions Private Limited Company. They have preferred this petition with the allegations that they were allegedly threatened by some miscreants for extortion in year 2005. They lodged complaint to the Superintendent Police of Gwalior in this regard in April, 2005 (vide Annexure P/1) to provide poli
Police protection is not a right for individuals involved in personal disputes and should be based on genuine threat assessments.
Article 21 protects against state action but does not guarantee police protection to individuals whose threat perceptions arise from their own criminal activities.
A person with a criminal background cannot claim state-funded police protection when threats arise from their own activities, as this contradicts public morality.
Profession - Refusal to provide petitioner personal security - High court while exercising writ jurisdiction under Art 226 of Constitution, cannot substitute its decision to decision of competent Aut....
Assessment of real threat perception and granting security at the state's cost only in compelling cases linked to public or national service.
Security provision is contingent on current threat assessments, which must be evaluated by the Security Review Committee, and not guaranteed based on past positions.
Police protection is not warranted when claims of threat are found exaggerated, particularly for individuals with a criminal background or due to self-inflicted rivalries.
The court affirmed that the assessment of personal security needs is a factual matter for authorities, rejecting claims based on perceived threats and discouraging the creation of a privileged class ....
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