Disposed

Manisha Bairwa D/O Shri Vinod Kumar Bairwa, v. State of Rajasthan

Rajasthan HC14 Dec 2022CRLW/943/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking security and protection against a threat. The Court directed petitioners to approach the Dy. Superintendent of Police for grievance analysis. After threat assessment, the Superintendent may pass necessary security orders.

What did the court decide?

Direction to petitioners to appear before Dy. Superintendent of Police, Mansarovar, with representation; no immediate security granted.

Manisha Bairwa D/O Shri Vinod Kumar… — Constitutional and Fundamental Rights | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 943/2022

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Manisha Bairwa D/o Shri Vinod Kumar Bairwa, Aged About 18 Years, R/o Village Nantodi, District Sawai Madhopur- 322023 (Raj.). Aadhar No. 357612754058. Presently 83-R, Sumer Nagar Vistar, Golyabas, Mansarovar Jaipur-302020 (Raj.).

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Roshan Bairwa S/o Shri Meetha Lal Bairwa, Aged About 23 Years, R/o Village Bhilka, District Dausa 303510 (Raj.) Aadhar No. 520806586473 (Presently 83-R, Sumer Nagar Vistar, Golyabas, Mansarovar Jaipur-302020 (Raj.).

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----Petitioners

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Home, Government Secretariat, Jaipur (Raj.).

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The Director General Of Police, Rajasthan Police, Jaipur (Raj.).

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The Deputy Superintendent Of Police, Mansarovar, Jaipur, Rajasthan.

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Station House Officer, Police Station Varun Path, Mansarovar, Jaipur (Raj.).

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Vinod Kumar Bairwa Son Of Shri Motiram Bairwa, R/o Village Nantodi, District Sawai Madhopur- 322023 (Raj.)

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Kalawati Bairwa W/o Vinod Kumar Bairwa, R/o Village Nantodi, District Sawai Madhopur- 322023 (Raj.). (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Atul Bhardwaj, Advocate For Respondent(s) : Mr. Mangal Singh Saini, Public Prosecutor

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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14/12/2022

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The petitoners have preferred this petition for issuance of necessary directions to the official-respondents to provide adequate

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(2 of 3)

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[CRLW-943/2022]

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security and protection to them on the ground that they are facing grave threat to their life and liberty at the hands of private respondents No. 5 and 6.

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Learned counsel for the petitioners submits that Article 21 of the Constitution of India provides for right to life and personal liberty under the ambit of fundamental rights and any threat to the same amounts to violation of the same.

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It is well settled legal position as expounded by the Hon'ble Supreme Court in the cases of Lata Singh Vs. State of UP, reported in AIR 2006 SC 2522, S. Khushboo Vs. Kanniammal, reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM reported in (2018) 16 SCC 368 that life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.

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After hearing learned counsel for 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 disposes of the present petition with the direction to the petitioners to appear before the Dy. Superintendent of Police, Mansarovar, Jaipur (Rajashtan) 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.

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(3 of 3)

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[CRLW-943/2022]

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It is made clear that any observation in this order shall

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not affect any criminal and civil proceeding initiated against the petitioners.

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The instant criminal misc. petition stands disposed of. Stay application also stands disposed of.

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(ANOOP KUMAR DHAND),J