Disposed

Kamani D/O Rameshwar W/O Rameshwar Meena, v. State of Rajasthan

Rajasthan HC15 Dec 2022CRLW/952/2022

Case brief

AI extract

What is this about?

This order disposes of a writ petition seeking direction to public officials to provide security due to apprehended threats from private respondents. The Court directed petitioners to approach the Superintendent of Police with representation. Observations in this order shall not affect pending proceedings.

What did the court decide?

Petitioners directed to appear before Superintendent of Police, Baran with representation regarding grievances; Superintendent to analyze threat perceptions and pass necessary orders if needed.

Kamani D/O Rameshwar W/O Rameshwar… — 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. 952/2022

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Kamani D/o Rameshwar W/o Rameshwar Meena, Aged About 22 Years, Resident Of Chak Churela, Ramnagar, Guna (M.p.) Presently Residing At Chhabra, Tehsil Chhabra, District Baran (Raj.)

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Rameshwar Meena Son Of Raghuveer Meena, Aged About 21 Years, Resident Of Bhurakhedi, Guna (M.p.) Presently Residing At Chhabra, Tehsil Chhabra, District Baran (Raj.)

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----Petitioners

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Versus

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

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The Superintendent Of Police, Baran, District Baran.

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Sho Police Station Chhabra, District Baran.

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Rameshwar Meena Son Of Madanlal Meena, Resident Of Chak Churela, Ramnagar, Guna (M.p.)

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Ramesh Meena Son Of Babulal Meena, Resident Of Village Pipalkheda, Tehsil Chhabra, District Baran (Raj.)

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Naresh Meena Son Of Unknown, Resident Of Village Bijnipura, Tehsil Beenaganj, District Guna (M.p.)

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Rahul Meena Son Of Randheer Meena, Resident Of Village Piplya, Tehsil Kumbhraj, District Guna (M.p.)

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----Respondents

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For Petitioner(s) : Mr. Narpat Singh For Respondent(s) : Mr. Mahendra Meena, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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15/12/2022

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The petitioners have preferred this petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to them on the ground that they

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(2 of 3)

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[CRLW-952/2022]

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are facing grave threat of their life and liberty at the hands of private respondents No.4 to 7.

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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 the 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 Superintendent Of Police, Baran, District Baran 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-952/2022]

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It is made clear that any observation in this order shall not affect any criminal and civil proceeding initiated against the petitioners.

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Present petition is hereby disposed of.

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Stay petition, if any also stands disposed of.

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(ANOOP KUMAR DHAND),J