Judgment · High Court of Jammu & Kashmir and Ladakh

Through: Mr. P D Singh, Dy. AG Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 14.08.2023 (ORAL)

Petitioner through the medium of this petition has prayed for the following relief: “Mandamus commanding/directing the respondents provide full security along with security vehicle to the petitioner forthwith”

The aforementioned relief has been sought precisely on the grounds that he is a public spirited citizen having high repute and good character and has a political background; that he has contested assembly elections in the year 2014 in the State of J & K and presently is the member of State Executive Committee and belongs to Bhartiya Janata Party (BJP); that he has been an active politician and in this capacity is continuously fighting for the rights of the electorate/citizens in his constituency and is also a staunch campaigner against separatist; that he has been facing militancy 2 WP (C) No. 589/2021 problems and has fought actively against the militants operating in the UT of J & K; that he is facing threats and has been attacked three times.

Learned counsel for the petitioner submits that the petitioner has repeatedly requested the respondents/state authorities to provide security cover but despite repeated requests to the state authorities, nothing is being done. It is further submitted that the militants opened fire on him while he was in his bedroom and even an attempt to kill him has been made and still he is getting continuous threats and is not able to move out of the house, as there are open threats to his life from unknown sources.

It is further submitted that this Court vide order dated 25.03.2021 asked the Superintendent of Police, Poonch to assess the threat if any, to the petitioner and submit the report in this regard. In compliance to the said order, it has been submitted by the office of Sr. Superintendent of Police, Security Jammu that neither any request has been made from the petitioner nor any directions have been received from senior officers regarding providing any kind of security to the concerned.

Objections to the petition have been filed by the respondents, wherein it is submitted that the matter has been verified by I/C Police Post Balakote through Dy. Superintendent of Police, (SDPO) Mendhar, who submits that the petitioner is residing at village Sandote Tehsil Balakote District Poonch and working in BJP since last eight years and is an active political of party and presently working as Assistant Secretary of BJP Party; that the petitioner has contested Assembly Elections in the year 2014, but remained unsuccessful; that an information received through the petitioner in the month of August 2020 that some gunshot took place at his residential house at Village Sandote Tehsil Balakote District Poonch, on which a case FIR 240/2020 under Section 307 IPC, 7/27 I.A Act 3 WP (C) No. 589/2021 registered with Police Station Mendhar and finally the case has been closed as untraced on 31.12.2021; that an FIR 373/2021 under Section 67 I.T Act is also registered at Police Station Mendhar on the written application of the petitioner in which he has stated that he has received threat via telephonically from militants outfit on 24.10.2021 when he was attending rally at Bhagwati Nagar Jammu and the said FIR is under investigation. It is further submitted in the objections that the Respondent No. 4 has already deputed 02 Police Personnel on daily basis to the native village of the petitioner for gaurd duties/protections and no threat perception has been received from the petitioner by this office so far, besides petitioner has requested the authorities to provide security cover, however anything contrary to the record is denied.

In view of the submissions made herein above as well as going through the objections filed by the respondents, the instant petition stands disposed of by providing the petitioner shall file afresh representation/application before the respondents for providing him security, if there is any threat to him and the respondents shall consider and dispose of the same expeditiously in accordance with law and rules governing the same, preferably within four weeks from the date the petitioner represents himself before them. Jammu 14.08.2023 Manan ( Vinod Chatterji Koul ) Judge