Court Upholds Advocate's Right to Life and Liberty Amidst Continuous Threats from Political Rivals
In a landmark decision, the Delhi High Court has granted protection to advocate Vikas Pundhir, who has been facing continuous threats from political adversaries due to his active political involvement. The order was pronounced by Justice Saurabh Banerjee on January 19, 2026, in response to a writ petition filed by Pundhir under Article 226/227 of the Constitution of India, coupled with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The petitioner, Vikas Pundhir, a practicing advocate in Karkardooma Courts and an active political participant since 2012, alleged that he has been receiving threats from his political rivals, which intensified after one of the respondents was released from jail. The threats, he claimed, included a menacing WhatsApp call threatening his life and persistent pressure to withdraw previous complaints filed against his adversaries. This escalation led Pundhir to seek judicial intervention for his safety.
The court recognized the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution, which includes the freedom to make personal choices, such as political affiliations. Justice Banerjee emphasized that any interference with these rights undermines individual liberty and safety, warranting protection under the constitutional provision.
The court directed the Station House Officer and Beat Constable at Harsh Vihar Police Station to provide necessary protection to Pundhir, ensuring his safety against the threats posed by his political rivals. The court further stipulated that if Pundhir relocates to another jurisdiction, he must inform the concerned police station within three days, following which the local police will extend similar protective measures.
This judgment underscores the judiciary's role in safeguarding individual rights against coercive political pressures, reinforcing the principle that personal liberty and safety are paramount in a democratic society.
Bottom Line:
Petition for protection under Article 21 of the Constitution of India by practising advocate facing continuous threats from political rivals - Protection granted considering the fundamental right to life and liberty.
Statutory provision(s):
Article 21 of the Constitution of India, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Article 226/227 of the Constitution of India, Section 506 of the Indian Penal Code, 1860, Section(s) 25/9/29(B) of the Arms Act, 1959
Vikas Pundhir v. State Of NCT Of Delhi, (Delhi) : Law Finder Doc id # 2851935
