In S.B. Criminal Misc(Pet.) No. 3761/2022-RAJ HC- State authorities have to ensure that dehors procedure established by law, fundamental right under Article 21 of Constitution is not violated or infringed in any manner: Rajasthan HC Justice Rekha Borana [24-06-2022]

Read Order: Nikita Acharya & Others v. State Of Rajasthan & Others 

LE Correspondent

Jodhpur, June 27, 2022: While allowing a Protection Plea, the Jodhpur Bench of the Rajasthan High Court has affirmed that as per the mandate of Article 21 of the Constitution of India, no person shall be deprived of his right to life and liberty except the procedure established by law.

Directing the Superintendent of Police, Pali Range to analyze the threat perceptions, the Bench of  Justice Rekha Borana further added, “… it is therefore, the duty of the State authorities to ensure that dehors the procedure established by law, this fundamental right may not be violated or infringed in any manner.”

The petitioners had approached the Single-Judge Bench for issuance of necessary directions to the official respondents to provide adequate security and protection to the petitioners on the ground that they were facing grave threat of life and liberty at the hands of private respondents.It was submitted from their side 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 rights.

Reaffirming the importance of Article 21 and highlighting the State’s duty towards protection of the same, the Bench directed the petitioners to appear before the Superintendent of Police, Pali Range along with appropriate representation regarding their grievance. 

Also,  perusing the record of the case, since the petitioners apprehend threat to their right of life and liberty, the Bench asked the Superintendent to hear the grievance of the petitioners and after analyzing the threat perceptions pass necessary orders to provide adequate security and protection to the petitioners.