Rasid
Vs.
State of Haryana
Date of decision: 22.08.2023
2023:PHHC: 108723
CORAM: Hon’ble Mr. ANOOP CHITKARA
FACT:
Out of concern for their personal safety and freedom, the petitioner appeared before this Court to request protection from the government, citing the fundamental right to life guaranteed by Article 21 of the Indian Constitution. The Court was addressing a plea made by Rasid, a resident of Nuh who had been serving as the caretaker of Ramnagar Mosque in Palwal. The mosque had allegedly been subjected to damage following the Nuh Violence on July 31. The petitioner’s representative, Advocate Talim, communicated that a number of individuals accused in the petitioner’s police complaint dated August 3, 2023, along with around 10 to 15 other individuals, arrived at Rasid’s residence armed with firearms, rods, swords, and other dangerous tools. They proceeded to verbally abuse him before forcibly entering his home, where they physically assaulted Rasid, his family members, and caused damage to the property. The mosque in question was also reported to have been vandalized and ruined.
COURT ANALYSIS AND DECISION:
If the claims about a perceived threat to life are proven to be accurate, it could result in an irreversible detriment. Therefore, considering the specific circumstances of this case, it is deemed suitable for the relevant Superintendent of Police, SHO (Station House Officer), or any designated officer with the authority in this matter, to furnish appropriate security to the petitioner for a duration of fifteen days starting today. Nevertheless, if the petitioner’s need for protection diminishes, they can request its discontinuation even before the initial fifteen-day period concludes. Subsequently, the mentioned officers will continue to assess the situation on a daily basis, based on real-time conditions, or in response to the petitioner’s verbal or written appeals, in order to decide on the continuation of the protection.
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Written by- Srijan Garg
