The Rajasthan High Court said since the petitioner apprehends threat to his right of life and liberty, he has every right to seek the protection. (Image generated using AI)
Observing that the Constitution of India provides for right to life and personal liberty, the Rajasthan High Court has directed senior police official to consider providing security to a man from Jodhpur who alleged a threat to his life from at least 14 people.
Justice Farjand Ali was hearing a criminal writ petition filed by one Babu Lal, 50 seeking protection against threat to his life and directed the authorities concerned to assess the threat and provide him “adequate security”.
“Article 21 of the Constitution of India provides for right to life, limb and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same. Being the citizens of independent India, the petitioner has a right to reside with honour and dignity,” the court said in the January 23 order.
This court is concerned only about the protection of life, limb and liberty as guaranteed under Article 21 of the Constitution of India, the Rajasthan High Court said. (File photo)
Findings
Since the petitioner apprehends threat to his right of life and liberty, he has every right to seek the protection of his life, limb and liberty.
This court is concerned only about the protection of life, limb and liberty as guaranteed under Article 21 of the Constitution of India.
The court is neither going into the details of the matter, as it is the subject matter of investigation before the investigating officer.
The petition is disposed of with the direction to the petitioner to appear before the superintendent of police/commissioner of police, Jodhpur along with appropriate representation regarding their grievance.
The superintendent of police/commissioner of police, Jodhpur shall hear the grievance of the petitioner.
After analyzing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioner.
It is made clear that any observation in this order shall not affect any criminal and civil proceedings initiated against the petitioner.
Advocate Aditi Vyas, appearing for the petitioner submitted that despite the seriousness of the threats apprehended by him, effective police protection had not been extended, leaving him vulnerable.
The counsel argued that the failure of the authorities to ensure his safety had forced him to invoke the extraordinary jurisdiction of the high court.
Advocate Vyas contended that the right to life under Article 21 is not limited to mere physical existence but includes the right to live free from fear, intimidation and coercion.
Additional Government Advocate Surendra Bishnoi, informed the court that threat perception and security assessment fall within the domain of the police authorities, to be examined on the basis of material placed before them.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability.
Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters.
Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights.
Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More
This court is concerned only about the protection of life, limb and liberty as guaranteed under Article 21 of the Constitution of India, the Rajasthan High Court said. (File photo)
