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2023 Supreme(Online)(RAJ) 5109
HIGH COURT OF RAJASTHAN
ANOOP KUMAR DHAND
AARTI DANGAYACH D/O SHRI SHAM SUNDAR DANGAYACH, – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW/26/2023
The right to life and personal liberty under Article 21 of the Indian Constitution must be protected, and the police have a duty to provide protection to citizens facing threats.
Headnote:
ARTICLE 21 - RIGHT TO LIFE AND PERSONAL LIBERTY - POLICE PROTECTION
Fact of the Case:
The petitioners, a couple, filed a petition seeking protection from the court as they feared for their lives and liberty due to threats from the fourth respondent.
Finding of the Court:
The court acknowledged that Article 21 of the Indian Constitution guarantees the right to life and personal liberty and that the police have a duty to protect citizens' lives and liberty under Section 29 of the Rajasthan Police Act, 2007.
Issues: Whether the petitioners' right to life and liberty under Article 21 was being violated due to threats from the fourth respondent.
Ratio Decidendi: The court relied on precedents established in cases such as Lata Singh v. State of UP and Shafin Jahan v. Asokan KM, which emphasize the importance of protecting individuals' life and personal liberty.
Final Decision: The court directed the petitioners to approach the Station House Officer of the Nahargarh Police Station, who was instructed to assess the threat perceptions and provide adequate security and protection to the petitioners if necessary.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 26/2023
1.
Aarti Dangayach D/o Shri Sham Sundar Dangayach, Aged
About 29 Years, Resident Of 328, Himmat Nagar,
Gopalpura Mode, Durgapura, Jaipur At Present Resident
Of 1922, Palli Walo Ka Darwaja, Nahargarh Road,
Chandpole Bazar, Jaipur . 302001 (Rajasthan).
2.
Ved Prakash Shekhawat S/o Shri Indra Singh Shekhawat,
Aged About 29 Years, Resident Of 128-A, Narayanpuri
Colony, Kalwar Road, Jhotwara, Jaipur.
----Petitioners
Versus
1.
State Of Rajasthan, Through The Additional Chief
Secretary Department Of Home, Government Of
Rajasthan, Secretariat, Jaipur.
2.
The A.C.P (North), Jaipur, District Jaipur.
3.
SHO, Police Station, Nahargarh, Jaipur.
4.
Shyam Sundar Dangayach S/o Ram Sharan Dangayach,
Aged About 55 Years, Resident Of 328, Himmat Nagar,
Gopalpura Mode, Durgapura, Jaipur At Present Resident
Of 1922, Palli Walo Ka Darwaja, Nahargarh Road,
Chandpole Bazar, Jaipur . 302001 (Rajasthan).
----Respondents
For Petitioner(s)
:
Mr. Vijay Singh Shekhawat, Adv.
For Respondent(s)
:
Mr. Arvind Kumar, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
06/01/2023
The petitoners have preferred this petition for issuance of
necessary directions to the official-respondents to provide adequate
security and protection to them on the ground that they are facing
(2 of 3)
[CRLW-26/2023]
grave threat to their life and liberty at the hands of private
respondent No.4.
Learned counsel for the petitioners submits that Article 21 of
the Constitution of India provides for right to life and personal liberty
under the ambit of fundamental rights and any threat to the same
amounts to violation of the same.
It is well settled legal position as expounded by the Hon'ble
Supreme Court in the cases of Lata Singh Vs. State of UP, reported
in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal, reported in
(2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in
(2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in
(2018) 16 SCC 368 that the life and personal liberty of the individuals
has to be protected except according to procedure established by law,
as mandated by Article 21 of the Constitution of India. Further, as per
Section 29 of the Rajasthan Police Act, 2007 every police officer is duty
bound to protect the life and liberty of the citizens.
After hearing learned counsel for the parties as well as
perusing the record of the case, since the petitioners apprehend threat
to their right of life and liberty, this Court disposes of the present
petition with the direction to the petitioners to appear before the
Station Hosue Officer Police Station Nahargarh, Jaipur, along with
appropriate representation regarding their grievance. The concerned
Station House Officer shall in turn hear the grivance of the petitioners,
and after analyzing the threat perceptions, if necessitated, may pass
necessary orders to provide adequate security and protection to the
petitioners.
It is made clear that any observation in this order shall not
affect any criminal and civil proceeding initiated against the petitioners.
(3 of 3)
[CRLW-26/2023]
The instant criminal writ petition stands disposed of. The
Stay application also stands disposed of accordingly.
(ANOOP KUMAR DHAND),J
MR/20
