High CourtsSingle Bench(2021) 01 J&K CK 0017

Nazir Ahmad Gilkar vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 12 January 2021

HON’BLE JUDGES
Sanjay Dhar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 4 Of 2021, CM No. 28, 29 Of 2021

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Judgment

25 paragraphs · 550 words

Instant application, seeking extension of time for annexing/depositing the requisite court fee, affidavits and other requisite documents with this petition,

in view of the grounds urged therein, is allowed. The petitioner shall deposit the requisite court fee with the Registry of this Court within a period of

one week from the date of announcement of lifting of lockdown on account of Covid-19 by the Government.

Disposed of.

Through the medium of instant petition, the petitioner is seeking a direction to the respondents to provide sufficient security and a bullet proof vehicle

keeping in view the threat perception to the life of the petitioner. A further direction to enhance the security of the petitioner has also been sought.

It is the case of the petitioner that he is a political worker belonging to Bhartiya Janta Party and besides this he is a Corporator of Srinagar Municipal

Corporation from Habbakadal segment. It is averred that the life of the petitioner is under threat from anti national elements and as per the Advisory

issued by the District Police Headquarter, Srinagar, some adverse inputs have been received against him and that he has been advised to take due

precautions of his personal security. The petitioner has highlighted a number of incidents and circumstances to buttress his contention that his life is

under threat from anti national elements. The grievance of the petitioner is that he is not being provided with adequate security by the respondents.

It is a settled law that so far as the security of an individual including a political worker is concerned, the same is to be enhanced or downgraded

having regard to the threat perception of the individual. For assessing the threat perception of an individual, the security agencies of the government

conduct a periodic review and take appropriate steps in accordance with recommendations of security review committee. This Court in exercise of its

writ jurisdiction cannot direct the Government of Union Territory of Jammu and Kashmir to provide a particular level of security to an individual. The

level of security to be provided to a political worker is the sole domain of the security agencies. However, it is the constitutional obligation of the State

to protect the life and liberty of the citizens. The security agencies are, therefore, duty bound to protect the life of the petitioner, who as per the

advisory of the security agencies is facing a genuine threat to his life. The matter regarding security of the petitioner, therefore, deserves to be

considered by the respondents with all seriousness.

In view of the above, the petition is disposed of, with a direction to the respondents to make a fresh assessment of threat perception to the life of the

petitioner and while doing so, the respondents shall consider the facts and circumstances highlighted by the petitioner in the instant petition, a copy

whereof shall be provided by the petitioner to the respondents. A decision regarding level of security to be provided to the petitioner in accordance

with the report of the security review committee shall be taken by the respondents expeditiously preferably within a period of one month from the date

a copy of this order along with a copy of the petition is made available by the petitioner to the respondents.

The petition stands disposed of.