Rajasthan High Court Orders Police Protection For Lawyer & His Family Threatened By Person Claiming To Be Confined In Jail

Essentially, the case of the petitioner-lawyer is that on the midnight of 14.06.2022, a few persons came in white Renault Tribber Car and threw stones at his house, due to which glass of his car and window at first floor of his house were damaged. The incident was recorded in a CCTV Camera installed at the house of the petitioner-lawyer. Further, the petitioner received a threat call on his Mobile from a person named Mridul. The person claimed himself to be confined in Barrack No.6 of jail and gave a threat of killing the petitioner and disclosed that the incident in the night of 14.06.2022 was committed on his instructions.

The petitioner informed that he does not have any animosity with any person, however, in aforesaid facts and circumstances, a serious and immediate threat to his life and liberty has occurred. He lodged an FIR on 14.06.2022 for offences under Section 427, 336 and 384 of IPC. However, he alleged that respondents have not taken any effective steps to protect the life and liberty of the petitioner and his family members. Hence, in such circumstances, the petitioner filed the present protection petition.

Considering the aforesaid facts and circumstances, the court opined that prima facie, petitioner and his family members have received threats to life and liberty and without protection, it is difficult for petitioner to live a peaceful life at his home.

A vacation bench of Justice Sudesh Bansal, while disposing of the criminal petition, observed,

"In such peculiar facts and circumstances, this Court deems it just and proper to direct to respondents to grant protection to petitioner and his family members and to make all necessary arrangements to provide adequate security and protection to petitioner and his family members. In addition, respondents would also ensure to extend the necessary protection by deploying the police personnel at petitioner's house and also instruct PCR to have regular visit so that petitioner and his family members may be protected."

The court noted that it is a well settled legal position as expounded by the Supreme Court in umpteen number of judgments that the life and personal liberty of an individual has to be protected 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, added the court.

Moreover, the court directed the Public Prosecutor to serve a copy of this order immediately to the Commissioner of Police, Jaipur.

However, the court clarified that any observation in the order shall not affect any criminal and civil proceedings initiated in relation to the issue that arose in the present petition.

Adv. Bhuwnesh Sharma appeared for the petitioner while PP Atul Sharma appeared for the respondents.

Case Title: Chitrank Sharma v. State of Rajasthan through Public Prosecutor & Ors.

Citation: 2022 LiveLaw (Raj) 194