IMPORTANT POINT
Police protection is not a right for individuals involved in personal disputes and should be based on genuine threat assessments.

ORDER :

(ANAND PATHAK, J.)

The present petition under Article 226/227 of the Constitution has been preferred by the petitioners seeking following reliefs :

“(a) That, a Writ of Mandamus or any other appropriate Writ, Order or Direction may kindly be issued to the respondents in particular to the respondent No. 3 Superintendent of Police to provide the security by deputing a Gunman along with Carbine, to the each of the petitioner for the protection of life and property of petitioner and his family members in view of the aforesaid special facts and circumstances.

(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 police security (on their expenses) for protection of their lives and property. Superintendent of Police, Gwalior vide order dated 25-4-2005 provided them security for three months because they deposited expenses only for three months. It appears that some miscreants attacked petitioners and son of petitioner No. 1, wherein son of petitioner No. 2 Ram @ Rohit was killed whereas petitioner No. 1 survived because of gunman provided to him by the Superintendent of Police, Gwalior for his security. Petitioner No. 2 was eye-witness of the said incident.

3. Those miscreants namely Hari Sharma, Ram Kumar Sharma Ashok Sharma, Sunil Sharma, Rajendra Sharma, Gopal Sharma, Smt. Meena Khemariya, Rajesh Barua, Rajesh Sharma and Prasanna Sharma were prosecuted and tried for the offences under sections 148, 307 readwith section 149, 302 of the IPC and section 125(1-B) of the Indian Arms Act by the Court of Special Judge (Atrocities) Gwalior. They (except two accused) were found guilty for various offences and were convicted and sentenced to life imprisonment vide judgment dated 14-2-2007. Meanwhile, petitioners prayed before the Police Authorities for providing police protection on their own expenses time and again. They made representation to different authorities.

4. On 12-5-2008 (Annexure P/1), Superintendent of Police, Gwalior asked the petitioners to remove the police protection given by way of 1-4 guards because it appears that petitioners were not making payment to the police department for security provided earlier.

5. It further appears from the pleadings that vide letter dated 21-4-2010, Superintendent Police, Gwalior again directed the Reserve Inspector, Police Line, Gwalior to provide S.A.F. guards for one month because of the threat perception. Not only this, then Additional D.G. (Tele Communication) V.K. Pawar intervened in the matter and asked the I.G. (Intelligence) Bhopal to provide the petitioners necessary police protection free of cost. However; ignoring the fact that they already have licenced weapons, one Revolver, second is Rifle 315 bore and another Gun 12 bore. When the police protection was withdrawn in 2011 then the instant petition was filed seeking police protection.

6. It is the submission of learned counsel for the petitioners that for the time being, security was withdrawn and during that period their life was under threat because at that time some of the assailants were released on bail, and as submitted by the learned counsel for the petitioners vide interim order dated 6-1-2012 passed by this Court security was provided till next date of hearing because deposition of petitioners in the said trial was to be carried out. Learned counsel for the petitioner fairly submitted that trial is being concluded and all accused persons were convicted