Sahil Vs State (Nct of Delhi) and Ors. — Writ and Judicial Review | Delhi HC (2026)

Sahil Vs State (Nct of Delhi) and Ors. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Police protection granted: Deputy Commissioner of Police, Rajouri Garden and SHO, PS Rajouri Garden, Delhi directed to provide protection to the petitioner; petitioner free to contact the Head/Beat Constable (+91-9013983390) or SHO (+91-8750871127) as needed; protection subject to orders of competent courts; petition disposed of accordingly.

Issue for consideration

Whether the petitioner, a differently abled deaf person alleging threats, intimidation and physical abuse at the hands of respondent nos. 4 and 5 (his brother and sister-in-law) and inaction on his complaints to police authorities, is entitled to a writ of mandamus directing grant of police protection.

Court's answer

Taking a holistic view, and having regard to the petitioner's right to lead his life with liberty and dignity under Part III of the Constitution, especially his disability and vulnerability to abuse/harassment at the hands of his own brother and sister-in-law, the Court held it would be in the interest of justice to accord him protection.

Ratio / Principle

The petition was allowed and the Deputy Commissioner of Police, Rajouri Garden and the SHO, PS Rajouri Garden, Delhi were directed to give/provide protection to the petitioner, who may contact the Head/Beat Constable (+91-9013983390) or the SHO (+91-8750871127), PS Rajouri Garden, as and when the need arises.

Key takeaways

It was clarified that the protection granted to the petitioner would not come in the way of any order(s) passed by a competent Court of law.ratio¶26
The SHO and the Beat Constable were directed to take all possible steps to provide adequate assistance and protection to the petitioner, as and when needed, in accordance with law; the petition was accordingly disposed of in those terms.ratio¶27

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.) allowed a writ petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by a differently abled deaf petitioner who alleged that, after his mother's death, respondent nos. 4 and 5 (his brother and sister-in-law) mismanaged co-owned properties, misappropriated common funds, and subjected him to intimidation, coercion and physical abuse, leaving him under constant threat despite complaints dated 05.04.2026, 14.04.2026 and 17.04.2026 to the SHO, ACP and DCP, Rajouri Garden. Holding that his right to life with liberty and dignity under Part III of the Constitution, coupled with his disability and vulnerability, made protection necessary in the interest of justice, the Court directed the DCP and SHO, PS Rajouri Garden to provide protection, published the Beat Constable's and SHO's contact numbers for the petitioner, clarified that such protection would not obstruct orders of a competent court, and disposed of the petition.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 1274/2026 & CRL.M.A. 12307/2026

SAHIL .....Petitioner

Through: Mr. Sureshan P., Adv. (Through VC)

versus

STATE (NCT OF DELHI) AND ORS .....Respondents Through: Mr. Yasir Rauf Ansari, ASC with Mr. Alok Sharma, Adv.

SI- Sourav Singh, PS: Rajouri Garden

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

% 21.04.2026

CRL.M.A. 12308/2026 (Exemption)

Allowed, subject to all just exceptions.

The present application is disposed of.

W.P.(CRL) 1274/2026

By virtue of the present petition under Article 226 of the Constitution of India read with Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks issuance of a Writ in the nature of Mandamus thereby directing the respondents no. 2 and 3 to grant police protection to the petitioner against the threat to their life and limb at the hands of respondent nos.4 and 5, being the brother and sister-in-law of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/04/2026 at 13:45:42

petitioner.

At the outset, learned counsel for the petitioner submits that following the death of the petitioner’s mother, respondent nos.4 and 5 have taken undue advantage of the petitioner’s vulnerable condition as a differently able deaf person by managing the co-owned properties in an unilateral, arbitrary and self-serving manner. Further, the respondent nos.4 and 5 have been continuously misappropriating common funds and alienating their common property, without his knowledge and/ or consent. 5. He further submits that the petitioner has also been subjected to intimidation, coercion, and physical abuse when he did not comply with the demands put forth by the respondent nos.4 and 5, effectively undermining his free will. In addition, the respondent nos.4 and 5 have been obstructing him from possessing and enjoying his property, as a result whereof, the petitioner is unable to live peacefully and with dignity and remains under constant threat of life and safety.

Lastly, he submits that pursuant to the said threats, though, the petitioner filed several complaints/ representations dated 05.04.2026, 14.04.2026 and 17.04.2026 before the Station House Officer ( SHO ) PS.: Rajouri Garden, Delhi; Assistant Commissioner of Police, Rajouri Garden; Delhi and Deputy Commissioner of Police, Rajouri Garden, Delhi respectively, however, no effective or meaningful action has been taken since. In view thereof, learned counsel prays that Police protection be granted to the petitioner.

Issue notice. Learned Additional Standing Counsel ( ASC ) for the State accepts notice and submits that the concerned SHO shall make all necessary arrangements as per the directions of this Court.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/04/2026 at 13:45:42

Taking a holistic view of the facts and circumstances involved herein, particularly the right of the petitioner to lead his life with liberty and dignity as guaranteed to every individual of this country under Part III of the Constitution of India, especially when he is also suffering from disabilities and might be vulnerable to abuse/ harassment at the hands of his own brother and sister-in-law, it would be in the interest of justice to accord him protection against the same.

Accordingly, the present petition is allowed and the Deputy Commissioner of Police, Rajouri Garden and the SHO, PS.: Rajouri Garden, Delhi are directed to give/ provide protection to the petitioner. As such to enable the petitioner for seeking police protection/ assistance, he shall be free to get in touch with either the Head/ Beat Constable, i.e. (+91-9013983390), or the SHO, (+91-8750871127), PS.: Rajouri Garden, Delhi, if, as and when the need so arises. However, it is clarified that the said protection to the petitioner would not come in the way of any order(s) passed by a competent Court of law.

In view of the above, the aforesaid SHO and the Beat Constable are directed to take all possible steps to provide adequate assistance and protection, as and when needed by the petitioner, in accordance with law. 11. Accordingly, the present petition is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

APRIL 21, 2026/Ab

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/04/2026 at 13:45:42