Court Orders SSP Budaun to Submit Detailed Security Plan for Petitioner Facing Life Threats
In a significant ruling, the Allahabad High Court has directed the Senior Superintendent of Police (SSP) Budaun to present a comprehensive affidavit detailing the security measures planned for the protection of petitioner Nankram, who has reported threats to his life from certain members of his extended family. The petitioner, embroiled in a longstanding land dispute, approached the court after allegedly receiving indifference from local police authorities regarding his safety concerns.
The Division Bench comprising Justices J.J. Munir and Tarun Saxena emphasized the paramount responsibility of the State to preserve human life, extending beyond merely prosecuting offenders post-crime. The court highlighted that preventive measures are crucial to thwart potential harm, underscoring the inadequacy of the SSP’s initial response to the petitioner's plight.
The petitioner claims danger from respondents due to disputes over agricultural land. Previous interactions between the parties have resulted in minor altercations, leading to preventive actions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) provisions. Despite filing complaints and securing charge sheets against his adversaries, the petitioner remains vulnerable, warranting judicial intervention.
The court's directive followed an affidavit from SSP Ankita Sharma that outlined preventive actions already taken, such as regular patrolling and issuing instructions to constables for maintaining peace. However, the court found these measures insufficient in light of the specific threat perception articulated by the petitioner. The court has mandated a more detailed affidavit from the SSP, specifying actionable security steps to ensure the petitioner's safety, with a submission deadline set for May 13, 2026.
Justice Munir remarked, "The happening of an offence is one thing, the maintenance of peace another, but the threat perception alleged by the petitioner to his life is quite different." He stressed the importance of sensitivity and proactive measures by law enforcement agencies, noting that their current approach falls short of expected standards.
The ongoing feud between the parties revolves around the division of land parcels and the relative value of plots near a village pond, with the petitioner holding a strategically advantageous piece of land. The court’s intervention underscores the judiciary’s role in safeguarding individuals at risk due to familial disputes, promoting preventive over punitive measures.
The case is set for further hearing on May 13, 2026, with the court anticipating a satisfactory plan from the SSP to mitigate any immediate threats to the petitioner.
Bottom Line:
Threat perception to life - Police must act with sensitivity to protect human life - Indifference by law enforcement agencies in addressing threat perception is unacceptable.
Statutory provision(s): Sections 170/126/135 Bharatiya Nagarik Suraksha Sanhita (BNSS), Sections 115(2)/351(3) Bharatiya Nyaya Sanhita (BNS)
Nankram v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2895617
