Radha Jalodiya, Daughter Of Shri Tej Singh Khowal v. State Of Rajasthan
2024-07-11
SAMEER JAIN
body2024
DigiLaw.ai
ORDER : (Sameer Jain, J.) : 1. Present bunch of petitions are filed under Article 226 of the Constitution of India seeking police protection. Therefore, with the consent of learned counsel appearing on behalf of the parties, the petitions are co-jointly taken up for disposal. 2. At the outset, learned counsel for the petitioners has submitted that the instant petition is filed seeking issuance of necessary directions to official-respondents to provide adequate security/protection to the petitioners, as there is a threat to their life, as their solemnized marriage is not accepted by their families/relatives. 3. It is next submitted that it is the duty of the State to protect and safeguard the fundamental rights of an individual. Moreover, the right to life and personal liberty is specifically enshrined under the provisions of Article 21 of the Constitution of India. 4. Heard and considered. 5. This Court deems it apposite to note that when faced with the question of life and liberty, one ought to err on the safer side. Hence, relying upon the settled position as expounded by the Hon'ble Apex Court in the cases of Lata Singh vs. State of UP reported in AIR 2006 SC 2522 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 , this Court deems it appropriate to allow the instant petition. 6. As a result, this Court deems it appropriate to direct the petitioners to appear before the concerned Superintendent of Police on 15.07.2024 and submit their grievance. The said Superintendent of Police is directed to consider the said grievance and after analysing the threat perceptions, if necessitated, may pass necessary orders to provide adequate security and protection to the petitioners. 7. In the foregoing facts and circumstances, it is made clear that any observation in this order shall not affect any criminal or civil proceedings initiated against the petitioners. 8. Accordingly, the instant petition is disposed of. Pending applications, if any, stand disposed. 9. In the interim directions qua the protection granted by this Court, shall be operational till 15.07.2024.