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2023 Supreme(Online)(RAJ) 17987
HIGH COURT OF RAJASTHAN
ANOOP KUMAR DHAND
SAKSHI SHEKHAWAT D/O MAHENDRA SINGH SHEKHAWAT, W/O-MANJEET KUMAR, – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLW/61/2023
The right to life and liberty under Article 21 of the Constitution of India must be protected, and the police have a duty to protect citizens under Section 29 of the Rajasthan Police Act, 2007.
Headnote:
Fact of the Case:
The petitioners, a couple, filed a petition seeking protection from the respondents, alleging threats to their life and liberty.
Finding of the Court:
The court held that the petitioners' right to life and liberty under Article 21 of the Constitution of India must be protected, and that the police have a duty to protect citizens under Section 29 of the Rajasthan Police Act, 2007.
Issues: Whether the petitioners' right to life and liberty under Article 21 of the Constitution of India is being violated.
Ratio Decidendi: The court relied on the Supreme Court cases of Lata Singh v. State of UP, S. Khushboo v. Kanniammal, Indra Sarma v. VKV Sarma, and Shafin Jahan v. Asokan KM to establish that the right to life and personal liberty is protected under Article 21 of the Constitution of India.
Final Decision: The court directed the petitioners to approach the Station House Officer of the local police station with their grievance, and the SHO was ordered to provide adequate security and protection to the petitioners if necessary.
Order
11/01/2023 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 grave threat to their life and liberty at the hands of private respondent Nos. 5 to 17.
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 House Officer, Police Station Surajgarh, District Jhunjhunu 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.
The instant criminal writ petition stands disposed of.
Stay application also stands disposed of.
(ANOOP KUMAR DHAND),J Ashu/7
