Ex-Government Advocate Receiving Threats From Anti-National Elements Entitled To Protection: Jammu & Kashmir & Ladakh High Court

The Jammu & Kashmir and Ladakh High Court has directed the State to provide adequate security to an Ex-Government Advocate facing threats at the hands of anti-national elements.

The Court was considering a Writ Petition seeking direction to the state authorities to assess the Petitioner's threat perception and to provide adequate security cover to him so that his right to life and personal liberty is not interfered with.

The Bench of Justice Mohammad Yousuf Wani observed, "....The petitioner who has discharged his duties as a Government Advocate in this Court is obviously believed to have represented the State in some sensitive matters which may have placed him at a vulnerable position. It is the duty of the respondents to consider the representations of the petitioner and to assess his apprehended threat perception for providing the needful security to him...."

The Respondent was represented by Advocate Priyanka Bhat.

Facts of the Case

The case of the Petitioner, a practicing advocate, was that he is a permanent resident of the Union Territory of J&K and a citizen of India, thus, entitled to seek enforcement of his fundamental and other legal rights guaranteed to him under the Constitution of India. He stated that he has served as Government Advocate in this Court at Jammu and during his assignment, as such, he has represented the Union Territory by prosecuting/pursuing highly sensitive and high profile cases involving the security of the State.

It was his averments that in the discharge of his duties as Government Advocate, he actively represented UT in the cases filed by/against antinational elements and suspected militants, which led to the receipt of threats by him and he is in a vulnerable position even though he is currently not serving as a Government Advocate. It was contended that owing to his justified apprehensions, he made a formal representation to the Additional Director General of Police, Security Jammu, detailing the nature of threat faced by him with the request for providing him security cover. But, the said representation has not been considered till date. Later, a Constable was deployed for his personal security, who was subsequently transferred.

Reasoning By Court

The Court sid that it will pass appropriate orders regarding for the Respondents to take action which they are legally obliged to take.

"....Right to life and liberty guaranteed under Article 21 of the Constitution of our country mandates that every individual subject to procedure established under law shall lead a normal, peaceful and independent life and as such right to life includes in it a right not to live a threatful life....," the Court observed.

The Petition was accordingly disposed of with the direction to the Respondents to assess the threat perception of the petitioner under rules and to provide him the adequate security as per the result of the assessment.

Cause Title: Mohammad Irfan vs. UT of J&K

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