High Court pulls up state for ‘not applying mind’

The state government informed the court that the decision had been taken because any threat to the lives of persons with a criminal record was a consequence of their own actions.

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Bombay High Court (File)

The Bombay High Court Tuesday pulled up the state government for “non-application of mind” while coming up with a proposed new policy on providing police protection, under which it has decided not to extend police protection to persons who have a criminal record.

The state government informed the court that the decision had been taken because any threat to the lives of persons with a criminal record was a consequence of their own actions. “They are into criminal activities and hence they have a threat to their lives. It is because of their own doing and hence, we have decided not to give them police protection,” said Public Prosecutor Abhinandan Vagyani.

A bench of Chief Justice Manjula Chellur and Justice MS Sonak, however, asked if this meant that the state believed that those with criminal records had no right to a safe life. “What nonsense is this? Are you saying that those who have a criminal record do not have any rights? Can anyone come and kill them just like that?” asked the Chief Justice.

At the last hearing in September, the bench had directed the state government to revisit its policy on providing police protection. Vagyani Tuesday informed the court that the state authorities had consulted with the Advocate General, and the Additional Commissioner of Police, Mumbai and then come up with a proposal revising its policy on police protection. The bench, however, dismissed the new proposal after studying it.

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