Rajasthan High Court - Jodhpur
Shakshi Adwani vs State Of Rajasthan on 11 January, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 53/2023
1. Shakshi Adwani W/o Pradeep Kumar Tamboli D/o Chandra
Prakash Adwani, Aged About 23 Years, R/o 30 Sindh
Colony Pali Presently Residing At Ward No. 48 Dairy Wal
Gal, Behind Hanuman Mandir Ramnagar Bhilwara Raj.
2. Pradeep Kumar Tamboli S/o Shri Shanti Lal Tamboli, Aged
About 26 Years, Ward No. 48 Dairy Wal Gal, Behind
Hanuman Mandir Ramnagar Bhilwara Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary Dept. Of Home
Affairs Govt. Secretariat Jaipur Raj.
2. The Director General Of Police, Govt. Of Raj. P.h.q. Jaipur
Raj.
3. The Superintendent Of Police, Bhilwara Raj.
4. S.h.o., Ps Kothwali Bhilwara Raj.
5. The Superintendent Of Police, Pali Raj.
6. S.h.o., Ps Mahila Thana Pali Raj.
7. Chandra Prakash Adwani S/o Bhagwan Das, R/o Sindhi
Colony Pali Raj.
8. Manisha W/o Chandra Prakash Adwani, R/o Sindhi Colony
Pali Raj.
9. Prakash Lakhwani S/o Gopal Das Lakhwani, R/o Uf-23
New Housing Board Ps Kotwali Bhilwara Raj.
10. Amit Lakhwani S/o Gopal Das Lakhwani, R/o Uf-23 New
Housing Bnoard Ps Kotwali Bhilwara Raj.
----Respondents
For Petitioner(s) : Mr. Anada Ram
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/01/2023
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1. This criminal writ petition under Article 226 of the
Constitution of India has been preferred for issuance of necessary
directions to the official respondents to provide adequate security
and protection to the petitioners on the ground that they are
facing grave threat of life and liberty at the hands of private
respondents.
2. Learned counsel for the petitioners submits 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 same.
3. Heard learned counsel for the parties as well as perused the
record of the case.
4. While keeping in mind a catena of precedent laws laid down
by the Hon'ble Apex Court, this Court has made the following
observations in its judgment rendered in the case of Leela & Anr.
Vs. State of Rajasthan & Ors. (S.B. Criminal Misc. Petition No.
5045/2021, decided on 15.09.2021):-
"30. It is sufficiently clear to this Court that the Hon'ble
Apex Court's standpoint is that there exists a duty of the
State to protect and safeguard all fundamental rights,
unless taken away by due process of law. Even if any
illegality or wrongfulness has been committed, the duty to
punish vests solely with the State, that too in attune with
due process of law. In no circumstance can the State bypass
due process, permit or condone any acts of moral policing or
mob mentality. When the Right to life and liberty is even
guaranteed to convicted criminals of serious offences, there
can be no reasonable nexus to not grant the same
protection to those in an "legal/illegal relationships".
31. Had there been a question before this Court with
regards the morality/ legality of live- in relationships and
matters connected thereto, then perhaps the answer would
have required more deliberation along those lines. However,
in the context of the limited question this Court is posed
with pertaining to the application of Article 21 of the
Constitution of India and it is clear that the right to claim
protection under this Article is a constitutional mandate
upon the State and can be availed by all persons alike.
There arises no question of this right to be waived off even
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if the person seeking protection is guilty of an immoral,
unlawful or illegal act, as per the precedent law cited of the
Hon'ble Apex Court. However, in this case, this Court does
not wish to delve into the sanctity of relationships.
32. This Court finds itself firmly tied down to the principle
of individual autonomy, which cannot be hampered by
societal expectations in a vibrant democracy. The State's
respect for the individual independent choices has to be held
high.
33. This Court fully values the principle that at all
junctures constitutional morality has to have an overriding
impact upon societal morality.
This Court cannot sit back and watch the transgression or
dereliction in the sphere of fundamental rights, which are
basic human rights.
The public morality cannot be allowed to overshadow the
constitutional morality, particularly when the legal tenability
of the right to protection is paramount.
34. This Court is duty bound to act as a protector of the
rights of the individuals, which are under siege with the
clear intention of obstructing the vision of Constitution."
5. This Court thus, disposes of the present petition with the
direction to the petitioners to appear before the Station House
Officer, Police Station Kotwali, District Bhilwara alongwith
appropriate representation regarding their grievance. The Station
House Officer, Police Station Kotwali, District Bhilwara shall in turn
hear the grievance of the petitioners, and after analyzing the
threat perceptions, if necessitated, may pass necessary orders to
provide adequate security and protection to the petitioners.
6. It is made clear that any observation in this order shall not
affect any criminal and civil proceedings initiated against the
petitioners. All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
156-Zeeshan
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