Mr. X & Ors. v. State

$~26

• IN THE HIGH COURT OF DELHI AT NEW DELHI

• • W.P.(CRL) 22/2019, CRL.M.A. 148/2019, CRL.M.A. 149/2019 CRL.M.A. 150/2019

MR. X & ORS. ..... Petitioners Through: Ms. Warisha Farasat and Ms. Rudrakshi Deo, Advocate. Versus STATE ..... Respondent Through: Ms. Nandita Rao, ASC (Crl.),GNCTD. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R % 07.01.2019

The petitioners are citizens of India. It is their case that the personal circumstances obtaining to them in their home State: Jammu and Kashmir have coerced them to flee from their place of residence in District Uri. The petitioners have made serious allegations against some police officials and political persons. The petitioners have filed the details of their identity in a sealed cover. The same has been opened, perused and re-sealed. Petitioner no. 2 has alleged physical assault and rape. Petitioner no. 1, the husband of petitioner no. 2 is stated to have been kept in detention for many days by the Jammu & Kashmir police. Petitioner no. 1 is presently out on bail. The petitioners had sought protection from the High Court of Jammu and Kashmir, which on 25.09.2018 had directed the State to look into the matter of providing protection to the petitioners. It is stated that despite the said order, no protection has been accorded to them and they apprehend a grave threat to their life, limb and liberty. Hence, they have been constrained to temporarily shift their residence to Delhi and seek protection of this Court.

In the aforesaid circumstances, the matter shall be looked into by the DCP of the area concerned and they shall be provided due protection forthwith. The address of the petitioners has been communicated to the learned Additional Standing Counsel for the State. Their address shall not be disclosed by police to any other person. Additionally, the petitioners shall be provided with telephone numbers of three police officers from the jurisdiction of the Police Station concerned, of which one shall be of a lady police officer. These numbers shall be kept operational at all times so that any exigency could be intimated on either of the numbers by the petitioners. Ms. Rao further states that any message received on the said numbers or on any other telephone number of the police either by way of a telephone call or SMS shall be immediately responded to. Additionally, the Beat Constable/Division Staff of the area shall regularly visit the residence of the petitioners on a daily basis for two months and report the same in the Roznamcha. The safety and security of the petitioners shall be assessed by the SHO on a weekly basis with due endorsement of the same in the Roznamcha for a month. The Beat Constable shall record entries in his Beat Book. The petitioners’ residence in the NCT of Delhi shall not be disturbed, except by due process of law and with prior intimation to this Court.