The right to life and personal liberty is a fundamental right; the police are responsible for assessing threat perceptions and ensuring protection to prevent private individuals from taking the law into their own hands.

Order

1. The present Criminal Writ Petition has been preferred by the petitioners under Article 226 of the Constitution of India seeking issuance of appropriate directions to the official respondents for providing them protection on the ground that they apprehend threat to their life and personal liberty at the hands of the private respondent.

2. As per the pleadings, the petitioners claim to have attained the age of majority and assert that they have executed agreement dated 29.04.2026 for live in relationship. It has further been stated that they are residing together as per their own free will and wish, however, private respondents being against the said relationship, are extending threats, giving rise to an apprehension to the life and personal liberty of the petitioners.

3. Heard the Counsels. Perused the record.

4. A Co-ordinate Bench of this Court while dealing with the issue in Gulshan & Anr. Vs. State of Rajasthan & Ors.; S.B. Criminal Writ Petition No.02/2026 (decided on 05.01.2026) held as under:

“4. Upon perusal of the record, this Court is of the considered view that right to life and personal liberty is a fundamental right guaranteed to every individual under the Constitution, and the same cannot be compromised under any circumstances. No person can be deprived of his or her life or personal liberty except in accordance with the procedure established by law and apprehension relating to life and personal liberty, if asserted, deserves to be examined by the competent Authority. The assessment of threat perception and the necessity of protection are matters falling within the domain of the police Authorities, who are duty bound to ensure maintenance of law and order and to prevent any person from taking law into his or her own hands.”

5. In view of the above position of law, the writ petition is disposed of with a direction that the petitioners shall appear before the Superintendent of Police, Jalore within a period of ten days from today and submit a representation clearly indicating the persons from whom they apprehend threat or harm. Upon such appearance, Superintendent of Police, Jalore shall afford an opportunity of hearing to the petitioners and, if deemed necessary, to the concerned private respondents, examine the grievance, deliberate over the issue and calibrate the threat perception and if the circumstances so warrant, pass appropriate orders in accordance with law so as to ensure that no harm is caused to the petitioners by the private respondent. If required the Superintendent of Police, Jalore may communicate and coordinate with the concerned Station House Officer for the purpose of effective assessment and implementation of appropriate measures.

6. It is clarified that this Court has not recorded any definitive finding with regards to the legitimacy of the relationship claimed by the petitioners/the validity of the alleged live in relationship deed or the genuineness of the documents relied upon by them, and all such aspects shall remain open for enquiry and investigation by the competent Authority, in accordance with law. It is further made clear that any observation made herein shall not affect any civil or criminal proceedings, if any, pending or to be initiated in accordance with law.

7. Pending applications, if any, stand disposed of