Delhi High Court
Rajan Singh Transgender vs The State Govt Of Nct Delhi And Others on 29 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29.04.2024
+ W.P.(CRL) 1307/2024
RAJAN SINGH (.............) ..... Petitioner
Through: Mr. Subhash Chand Budhiraja,
Advocate with Petitioner-in-person.
versus
THE STATE GOVT OF NCT DELHI & OTHERS ..... Respondents
Through: Mr. Anand V. Khatri, ASC with
Ms. Nandini Diesh, Advocate and
Insp. Sonu, PS: Pul Prahladpur and
SI Premraj, PS: Badarpur.
Mr. Ankit Agarwal, Standing Counsel
with Mr. Ashish Shukla, Advocate for
Respondent No. 2/ECI.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
Exemption allowed, subject to just exceptions.
Application stands disposed of.
W.P.(CRL) 1307/2024
1. Petition under Article 226 of the Constitution of India read with
Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been
preferred on behalf of the petitioner with following prayers:
"a) issue directions to Respondent No.3 and grant police
protection for the life of the Petitioner; and
b) pass an order and Issue direction to Respondent No.2 for
protection of the fundamental rights of the Petitioner as the
Petitioner is going to contest election in upcoming Lok Sabha
Election; 2024 as a candidate from South Delhi Parliamentary
Constituency."
2. Issue notice. Learned ASC for the State/respondent Nos.1, 3 & 4 and
learned Standing Counsel for ECI/respondent No.2 appear on advance notice
and accept notice.
3. Learned counsel for the petitioner submits that petitioner is a member
of transgender community and intends to file his nomination for Lok Sabha
Election, 2024 from South Delhi Parliamentary Constituency, supported by
Rashtriya Bahujan Congress Party. He further states that petitioner suffered
a life threatening attack on 12.04.2024 in his office at Badarpur, whereupon
a complaint was lodged with the Commissioner of Police, Delhi. Further, a
request was made by the petitioner to Election Commission of India on
14.04.2024 for providing security to contest the upcoming Lok Sabha
Election, 2024 but no response has been received.
4. Learned Standing Counsel for respondent No.2/ECI submits that since
nomination process has only been commenced w.e.f. 29.04.2024, petitioner
is at liberty to apply in accordance with law. He further submits that
respondent Nos.1, 3 and 4 may be able to provide necessary security in
accordance with law, in case the petitioner apprehends any threat.
5. Learned ASC for State/respondent Nos.1, 3 and 4 submits that
complaint lodged by the petitioner on 14.04.2024, shall be further looked
into in accordance with law and outcome of the same shall be communicated
to the petitioner within a period of two weeks. It is also informed that the
incident as alleged by the petitioner could not be corroborated during initial
inquiry. He further states that in case the petitioner needs any security for
the purpose of filling up the nomination form, the same can be provided
subject to sharing of date and time by the petitioner.
6. It may be observed that Article 14 of the Constitution of India ensures
equal protection of laws in all spheres of State activity including
participation in the election process. Any discrimination on the ground of
sexual orientation or gender identity impairs the equality before law and
violates the Article 14 of the Constitution of India. The duty lies on the State
for purpose of safeguarding and enforcing the rights of the transgenders
guaranteed under the Constitution.
Taking the statement of learned ASC for the State on record, petition
is disposed of with directions to DCP (South) to provide necessary security
to the petitioner for filling up the nomination form from South Delhi
Parliamentary Constituency. SHO concerned shall also share his mobile
number with the petitioner for aforesaid purpose.
Learned ASC for the State is further directed to ensure that outcome of
the complaint filed by the petitioner is communicated to him within two
weeks.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
A copy of this judgment be forwarded to DCP, South Delhi for
information and compliance.
(ANOOP KUMAR MENDIRATTA)
JUDGE
APRIL 29, 2024/R
