Jammu & Kashmir High Court
Surinder Singh vs State Of J&K; And Others on 30 November, 2018
S.No. 15
Suppl. List.
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
OWP No. 2466/2018
IA No. 01/2018
Date of order: 30.11.2018
Surinder Singh Vs. State of J&K and ors
Coram:
Hon'ble Mr. Justice Tashi Rabstan-Judge
Appearance:
For the petitioner(s) : Mr. J.P.Gandhi, Advocate
For the respondent(s) : None.
1. It is contended that since 2002, the petitioner has been working as Social Worker and is a Chairman of Jammu and Kashmir Anti- Terrorism Front and a Non-Government Organization duly registered under the Societies Registration Act of 1998 named as J&K Police Martyrs Family Welfare Organization formed in the year 2002. It is also contended that the petitioner has spent lakhs of rupees from his own pocket for educating and awakening the masses in respect of Anti-Terrorism and providing every possible help to the J&K Police Martyrs Families and other victims of the terrorism. It is further contended that the petitioner being the Chairman of the J&K Anti-Terrorism Front and also the Chairman of the J&K Police Martyrs Families Welfare Organization, there was a threat to his life from the different militant organizations so he was provided with the security of two police personnel. It is further contended that on 12.11.2018, the petitioner got a message OWP No. 2466/2018 Page 1 of 3 on his Mobile Number 9419245333 from a militant outfit Laskhar- e-Taiba based in Pakistan from 923134682100. The said threatening message was shown by the petitioner to the Senior Superintendent of Police, Kathua and also made a written request to His Excellency, the Governor of State of Jammu and Kashmir, Worthy Director General of Police, Jammu and Kashmir and Senior Superintendent of Police, Kathua that Z-Security be provided to the petitioner as there is a serious threat to his life and the lives of his family members from Laskhar-e-Taiba militant outfit organization, who is having a very dreadful militants. Instead of providing Z-Security to the petitioner, respondent No.5-Sr. Superintendent of Police, Kathua is time and again asking both the PSOs deputed with the petitioner to come back and join at Police Lines and in case they do not join, the legal action under law shall be taken against them.
2. Learned counsel for the petitioner contends that there is a serious threat to the life of the petitioner. Right to life is a fundamental right guaranteed under the Constitution of India and there being threat to the petitioner it is a duty of the respondents to protect the life of the petitioner and by not providing the sufficient security, the right of the petitioner guaranteed under Article 21 of the Constitution of India has been violated, as such, the present writ petition on the grounds taken in it and with a direction to the respondents to provide Z-Security and Guard to the petitioner and also for a direction to the respondents to continue the security provided to the petitioner. Learned counsel further contends that right to life is a fundamental right as guaranteed under Article 21 of the Constitution of India.
OWP No. 2466/2018 Page 2 of 33. Ordinarily the Courts do not entertain such petitions while exercising extra ordinary writ jurisdiction, as the same is an administrative matter. The authority concerned has to consider such cases as per the guidelines/scheme/circulars, if any, issued in this behalf for providing security to any person in view of threat perception.
4. Be that as it may, this writ petition is disposed of with a direction to the respondents to consider the case of petitioner for providing him security on the basis of averments made in the writ petition and the documents annexed therewith and having regard to the representations contended to have been submitted by the petitioner. Let consideration order be passed, of course, under rules/policy within a period of two weeks from today. Petitioners to provide a copy of this order along with complete set of writ petition to the respondents so as to enable them to take early decision in the matter.
5. Disposed of as above along with connected IA(s).
(Tashi Rabstan) Judge Jammu 20.11.2018 'Madan' OWP No. 2466/2018 Page 3 of 3