The High Court has the constitutional authority under Article 226 to mandate police protection for vulnerable individuals, particularly those with disabilities, to safeguard their fundamental right to life and dignity when faced with credible threats of intimidation or harm from family members.

O R D E R

CRL.M.A. 12308/2026 (Exemption)

1. Allowed, subject to all just exceptions.

2. The present application is disposed of.

W.P.(CRL) 1274/2026

3. By virtue of the present petition under Article 226 of the Constitution of India read with Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks issuance of a Writ in the nature of Mandamus thereby directing the respondents no. 2 and 3 to grant police protection to the petitioner against the threat to their life and limb at the hands of respondent nos.4 and 5, being the brother and sister-in-law of petitioner.

4. At the outset, learned counsel for the petitioner submits that following the death of the petitioner’s mother, respondent nos.4 and 5 have taken undue advantage of the petitioner’s vulnerable condition as a differently able deaf person by managing the co-owned properties in an unilateral, arbitrary and self-serving manner. Further, the respondent nos.4 and 5 have been continuously misappropriating common funds and alienating their common property, without his knowledge and/ or consent.

5. He further submits that the petitioner has also been subjected to intimidation, coercion, and physical abuse when he did not comply with the demands put forth by the respondent nos.4 and 5, effectively undermining his free will. In addition, the respondent nos.4 and 5 have been obstructing him from possessing and enjoying his property, as a result whereof, the petitioner is unable to live peacefully and with dignity and remains under constant threat of life and safety.

6. Lastly, he submits that pursuant to the said threats, though, the petitioner filed several complaints/ representations dated 05.04.2026, 14.04.2026 and 17.04.2026 before the Station House Officer (SHO) PS.: Rajouri Garden, Delhi; Assistant Commissioner of Police, Rajouri Garden; Delhi and Deputy Commissioner of Police, Rajouri Garden, Delhi respectively, however, no effective or meaningful action has been taken since. In view thereof, learned counsel prays that Police protection be granted to the petitioner.

7. Issue notice. Learned Additional Standing Counsel (ASC) for the State accepts notice and submits that the concerned SHO shall make all necessary arrangements as per the directions of this Court.

8. Taking a holistic view of the facts and circumstances involved herein, particularly the right of the petitioner to lead his life with liberty and dignity as guaranteed to every individual of this country under Part III of the Constitution of India, especially when he is also suffering from disabilities and might be vulnerable to abuse/ harassment at the hands of his own brother and sister-in-law, it would be in the interest of justice to accord him protection against the same.

9. Accordingly, the present petition is allowed and the Deputy Commissioner of Police, Rajouri Garden and the SHO, PS.: Rajouri Garden, Delhi are directed to give/ provide protection to the petitioner. As such to enable the petitioner for seeking police protection/ assistance, he shall be free to get in touch with either the Head/ Beat Constable, i.e. (+91-9013983390), or the SHO, (+91-8750871127), PS.: Rajouri Garden, Delhi, if, as and when the need so arises. However, it is clarified that the said protection to the petitioner would not come in the way of any order(s) passed by a competent Court of law.

10. In view of the above, the aforesaid SHO and the Beat Constable are directed to take all possible steps to provide adequate assistance and protection, as and when needed by the petitioner, in accordance with law.

11. Accordingly, the present petition is disposed of in the aforesaid terms.