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Rajasthan High Court - Jodhpur
Mamta Bhadu vs State Of Rajasthan (2026:Rj-Jd:16501) on 9 April, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:16501]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1510/2026
1. Mamta Bhadu W/o Jayprakash, Aged About 28 Years, D/o
Shri Raju Ram Bhadu, Resident Of Dhani Khoda, Vpo
Sherpura, District Bikaner Rajasthan
2. Jayprakash S/o Shri Bhagwana Ram, Aged About 31
Years, Resident Of Ward No. 10, Ranisar, Jaitpur, District
Bikaner Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Ministry Of
Home Affairs, Jaipur Rajasthan
2. The Superintendent Of Police, Bikaner Rajasthan.
3. The Station House Officer, P.s. Mahajan, Dist. Bikaner
Rajasthan
4. Raju Ram Bhadu S/o Shri Sahiram Bhadu, Resident Of
Dhani Khoda, Vpo Sherpura, District Bikaner Rajasthan
5. Khetrapal Bhadu S/o Shri Raju Ram Bhadu, Residentof
Dhani Khoda, Vpo Sherpura, District Bikanerrajasthan.
6. Bhagirath Thalod S/o Shri Hetram Thalod, Resident Of
Daniyasar, Tehsil Pallu, District Hanumangarh Rajasthan.
7. Mahendra Thalod S/o Shri Magharam Thalod, Resident Of
Daniyasar, Tehsil Pallu, District Hanumangarh Rajasthan
8. Krishnalal Godara S/o Shri Purna Ram Godara, Resident
Of Ravwala, Tehsil Kolayat, District Bikaner Rajasthan
----Respondents
For Petitioner(s) : Mr. Anil Kumar
For Respondent(s) : Mr. Shri Ram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/04/2026
1. The present Criminal Writ Petition has been preferred under
Article 226 of the Constitution of India seeking directions to the
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official respondents to provide protection to the petitioners, who
apprehend threat to their life and personal liberty at the hands of
the private respondents.
2. The right to life and personal liberty is a fundamental right
and cannot be compromised. The assessment of threat perception
and requirement of protection lies within the domain of the police
authorities, who are duty bound to ensure that no person takes
law into their own hands.
3. Considering the grounds taken in the writ petition and the
circumstances of the case, it appears to this Court is satisfied that
a genuine and imminent apprehension of threat to the life and
personal liberty of the petitioners exists. The right guaranteed
under Article 21 of the Constitution of India is sacrosanct and
stands on the highest pedestal amongst all fundamental rights. It
is well settled that the expression "life" under Article 21 does not
connote mere animal existence but encompasses the right to live
with human dignity, safety and without fear. This Court cannot
remain a mute spectator when such valuable fundamental rights
are put in jeopardy. The constitutional mandate casts a positive
obligation upon the State and its instrumentalities to protect and
preserve the life and liberty of every individual and to ensure that
no person takes the law into his or her own hands. Whenever a
palpable threat to life is brought to the notice of this Court, it
becomes not only appropriate but imperative for the Court to step
in and ensure that the rule of law prevails. In such matters, this
Court does not hesitate to intervene where the protection of life
and personal liberty is at stake.
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4. Accordingly, the petition is disposed of with a direction to the
petitioners to appear before the Commissioner/Superintendent of
Police concerned within 15 days and submit a representation
indicating the source of threat. The concerned officer shall
examine the grievance, assess the threat perception and pass
appropriate directions, if required, in accordance with law.
Necessary coordination with the concerned police authorities may
also be undertaken.
5. It is clarified that this Court has not recorded any definitive
finding with regard to the legitimacy of the relationship claimed by
the petitioners, their age, the validity of the alleged marriage or
the genuineness of the documents relied upon by them, and all
such aspects shall remain open for enquiry and investigation by
the competent authority, in accordance with law. It is further
made clear that any observation made herein shall not affect any
civil or criminal proceedings, if any, pending or to be initiated in
accordance with law.
6. The petition stands disposed of. Pending applications, if any,
also stand disposed of.
(FARJAND ALI),J
217-poojatak/-
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