Nand Kishore v. State of Rajasthan, Through Principal Secretary, Home

Nand Kishore S/o Shri Late Mohan Lal, aged about 28 Years, R/o House No. 102, Lal Basti Bayana P.s. Bayana Distt. Bharatpur. ----Petitioners Versus

1. State of Rajasthan, Through Principal Secretary, Home Department Secretariat Jaipur.

2. The Director General of Police, Rajasthan Police Police Headquarter Lalkothi Jaipur.

5. The Superintendent of Police Distt. Bharatpur, Raj. The Sho, Police Station Bayana Distt. Bharatpur, Raj. Manoj Kumar S/o Shri Mohan Gupta, R/o Shiv Colony Near Tijara Fatak Alwar. ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Jitendra Singh Rathore-PP Mr. Abhimanyu Singh JUSTICE ANOOP KUMAR DHAND Order 02/04/2026

The petitoners have preferred the instant petition for issuance of necessary directions to the official-respondents to provide adequate security and protection to them on the ground that they are facing grave threat to their life and liberty at the hands of the private respondent No.5. [2026:RJ-JP:13838] (2 of 3) [CRLMP-5051/2020]

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.

Contents of the instant petition indicates that both the petitioners are major and they have solemnized their marriage on

22.09.2020 and their marriage has been registered by the competent authority and a certificate in this regard has also been issued. It has been averred in the instant petition that the life and personal liberty of the petitioners are at stack at the hands of the private respondent No. 5.

The Co-ordinate Bench of this Court vide order dated

23.10.2020 while issuing notice to the respondents directed the Superintendent of Police, Bharatpur to provide protection of life and liberty to the petitioners. Thereafter, the matter came to be listed before this Court on several occasions but the same got adjourned for one reason or another.

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 and the order passed by this Court in the case of Suman Meena vs. State of Rajasthan (S.B. Criminal Writ Petition No.792/2024, decided on

02.08.2024) 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 [2026:RJ-JP:13838] (3 of 3) [CRLMP-5051/2020] police officer is duty bound to protect the life and liberty of the citizens.

The petitioners may submit a representation before the SHO of the concerned Police Station in relation to protecting their life and personal liberty, as enshrined under the Constitution of India.

Considering the above aspect of the matter and looking to the fact that the protection of life and liberty has been ordered to be provided to the petitioners by the Co-ordinate Bench of this Court vide order dated 23.10.2020, it is expected from the officers concerned to look into the matter in terms of the directions issued by this Court in the case of Suman Meena (supra) and ensure that after analyzing the threat perceptions received by the petitioners and after taking into account the representation so submitted by the petitioners, if any, the Officers concerned may pass necessary orders to provide adequate security and protection to the petitioners. If protection has already been provided to the petitioners and the same is still continuing, then the SHO may further consider as to whether the said police protection is still required or not.

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