Kajal Kumari And Others vs State Of Rajasthan And Others

Farjand Ali, J

The petitioners have preferred this writ petition under under Articles 226 and 227 of the Constitution of India for issuance of necessary directions to the official respondents to provide adequate security and protection to the petitioners on the ground that they are facing grave threat of life and liberty at the hands of private respondent Nos.7 to 10.

Petitioners, present in person, submit that 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 petitioners have right to reside with honour and dignity. Therefore, they have sought the protection from the hands of private respondents and they also sought direction to respondents to provide them protection.

After hearing 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 is of the considered view that the petitioners have every right to seek the protection of their life, limb and liberty; and therefore persuade to dispose of the present petition with the direction to the petitioners to appear before the concerned Superintendent of Police along with appropriate representation regarding their grievance. The concerned Superintendent of Police shall in turn hear the grievance 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 proceedings initiated against the petitioners.

Accordingly, the instant writ petition stands disposed of.