Aiswarya Eldhose
A writ petition seeking police protection is a legal remedy available under Article 226 of the Constitution of India. It is typically invoked when an individual or entity feels threatened or harassed, necessitating police intervention to ensure safety and security.Legal Basis for Filing a Writ PetitionRight to Life and Liberty: Article 21 of the Constitution of India guarantees the protection of life and personal liberty. Courts have consistently held that the police have a duty to protect individuals facing threats to their life and liberty. Writ of Mandamus: The court has the authority to issue a writ of mandamus to compel law enforcement agencies to provide necessary protection when there is a credible threat to an individual’s life. Right to Police Protection:Petitioners can seek police protection to safeguard their fundamental right to life and personal liberty, especially in situations involving threats or harassment. The police have a duty to consider representations for protection and conduct inquiries to assess threat perception.Nature of Threat:The petitioner must provide specific details regarding the nature of the threat, including any incidents or evidence of harassment. General allegations without specifics may lead to dismissal.Filing Procedure: Ensure that the initial complaint to the SHO is detailed and includes all necessary information regarding the threats faced.Legal Representation: Consider engaging legal counsel to draft the writ petition, ensuring it meets all procedural requirements and adequately presents the case for police protection.Documentation: Gather and present any evidence of threats or harassment to strengthen the case for police protection.Limitations on Granting Protection:A writ for police protection is not granted as a matter of right; it requires a clear demonstration of imminent danger or harassment. The High Court cannot adjudicate on civil rights through a writ petition for police protection; such matters should be resolved in civil courts.Relevant Case Law:Police Protection Granted: Courts have directed police to provide protection to individuals facing threats, especially in cases involving interfaith or inter-caste marriages. For instance, in cases where petitioners faced threats from family members due to their marriage, the court ordered police protection P. Saranya VS Superintendent of Police – Madras (2014) Vipin Nayyar VS State of Uttarakhand – Uttarakhand (2023).Vague Allegations: However, it is crucial that the allegations of threat are specific and substantiated. Courts have dismissed petitions where the claims of threat were deemed vague or unsubstantiated, emphasizing the need for petitioners to exhaust remedies under the Code of Criminal Procedure before seeking police protection through a writ petition KAMALA GUPTA VS STATE OF WEST BENGAL – Calcutta (2006).Duty of Police: The courts have reiterated that the police must take necessary preventive measures to ensure the safety of individuals who report threats. This includes treating petitions as complaints and conducting inquiries Sumitra Kumari VS State of Rajasthan – Rajasthan (2021) Suman VS State of Rajasthan – Rajasthan (2019).
