2025 Supreme(Online)(KAR) 12673
KARNATAKA HIGH COURT
M. NAGAPRASANNA: J
NADOJA DR. MAHESH JOSHI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 6914 / 2025
For the Appellants/Petitioners: SRI UDAY SHANKAR M.
For the Respondents: SRI RAHUL CARIAPPA K.S.
The court affirmed the necessity of police protection for individuals facing credible threats, particularly public figures, to ensure their safety and ability to perform official duties.
Headnote:(A) Constitution of India - Article 226 - Writ petition seeking police protection due to threats against the petitioner - The petitioner, President of Kannada Sahitya Parishattu, requests immediate police protection including a round-the-clock gunman due to grave threats to his life stemming from complaints against officials. (Paras 1, 3, 7, 10)
(B) Police Protection - The court emphasizes the necessity of adequate police protection for individuals facing genuine threats, especially for public figures discharging their duties. (Paras 6, 10)
Facts of the case:
The petitioner, facing multiple threats to his life and previously granted police protection, seeks renewed protection to perform his duties without fear.
Findings of Court:
The court directs the State to provide necessary police protection and personal security as required by the petitioner during his travels.
Issues: The main issue is whether the petitioner is entitled to ongoing police protection in light of threats faced.
Ratio Decidendi: The court rules that the State must ensure adequate protection for individuals facing threats, particularly those fulfilling public roles, reaffirming the necessity of safety for effective duty discharge.
Result: Writ petition disposed of with directions for police protection.
| Table of Content |
|---|
| 1. petitioner's background and threats to life. (Para 3 , 4 , 5 , 6) |
| 2. specific threats faced by the petitioner. (Para 7) |
| 3. previous court orders regarding police protection. (Para 8) |
| 4. assessment of threats and court's directive for protection. (Para 9 , 10) |
| 5. court's final order for police protection. (Para 11) |
ORAL ORDER
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the respondent to provide immediate and adequate police protection to the petitioner including a round-the-clock gunman inline with the order passed by this Court in WP.No.12559/2000 , disposed on 28.03.2003.
2. Heard Shri Uday Shankar M.A., learned counsel appearing for the petitioner and Shri Rahul Cariyappa, learned Additional Government Advocate appearing for the State.
3. Facts in brief germane are as follows:
The petitioner is said to be the President of Kannada Sahitya Parishattu (hereinafter referred to as the 'Parishattu' for short), which was established in the year 1915. The century old organization strives to promote Kannada language, culture, literature through conducting various examinations, publishing books, organizing literary seminars and promoting research projects etc. It also organizes annual All India-Conference on Kannada language, literature, art, culture, etc. called "Akhila Bharata Kannada Sahitya Sammelana".
4. The Parishattu is an autonomous organization established in the interest of Kannada, Kannadigas and Karnataka, is said to be always at the forefront and has around four lakh life members as on January-2025.
5. The petitioner was elected as 26th president of the Parishattu on 24.11.2021. It is the averment in the petition that he has the distinction of being the only candidate, who won the Presidentship with a record margin defeating twenty other candidates. The petitioner's turn is for a period of five years, which is said to be coming to an end on 23.11.2026. The issue in the lis is not with regard to the term of the petitioner in the Parishattu. The further averment of the petition is that, the petitioner has made several complaints against officials including the officials of the Central Bureau of Investigation and on registration of such complaints, the petitioner has faced several threats to his life. He was earlier granted police protection, as per the directions of this Court in view of the threats to his life, in WP.No.12559/2000 . The said judgment is said have attained its finality.
6. The issue now is, the petitioner is necessary to move all over the State and has several threats throughout the State. Averment in the petition is the threat faced by the petitioner from time to time. Therefore, those threats are being made with a sole intention to create fear in the mind of the petitioner and to thwart the discharge of public duties by the petitioner.
7. The petitioner quotes several instances in the petition with regard to the threat faced by the petitioner; one Shri Jayaprakash Gowda in a televised press conference is said to have referred to the petitioner and said:
"Inspite of creating so many controversies in the land of Mandya, he has gone back safely. If we don't teach him a lesson, how can he learn?”
and one Shri C. Kumara in a recorded message sent from his mobile number to the petitioner's mobile number is said to be explicitly saying
"If the District in-Charge Minister and Mandya District Legislators had given me permission, I would have beaten you like a dog on the stage... Aye Joshi, you b*****d, you want to file a case? See what I'll do!, "You want to file a case, file it! If the District In charge Minister had given signal, I would have crushed you to death! If you have the guts, come to Mandya."
and another person Shri Kasaravadi Mahadevu is said to be saying
"We will not allow him (petitioner herein) in any function in Mandya not even in small meeting/discussions. He is going to be there four two to three years... see what we will d