Ex-Govt Advocate Facing Threats From Anti-Nationals Is Entitled To Protection: J&K High Court Orders Security Based On Threat Assessment
The Jammu & Kashmir High Court has directed the security authorities to assess the threat perception of a former Government Advocate and provide adequate security as per rules, observing that the right to life includes the right to live free from threat.
A bench of Justice Mohd. Yousuf Wani disposed of a writ petition filed under Article 226 of the Constitution, noting that the petitioner, an advocate formerly engaged as Government Counsel, had received threats for representing the Union Territory in sensitive and high-profile matters involving anti-national elements.
The court said “Right to life includes in it a right not to live a threatful life,” while underlining the constitutional duty of the state to safeguard citizens' lives.
The petitioner submitted that during his tenure as a Government Advocate at the Jammu Wing of the High Court, he had handled cases involving militants, overground workers, and other anti-national actors. This, he claimed, exposed him to credible threats, which persisted even after his government engagement ended.
Although the petitioner had initially been provided a Personal Security Officer (PSO) on the direction of the SSP Kishtwar, the officer was later relieved from duty through a formal transfer order, leaving the petitioner unprotected.
Despite submitting a detailed representation to the Additional Director General of Police, Security, Jammu, highlighting the threats and requesting security, no action was taken, the petitioner claimed.
Recognizing the gravity of the situation, the court held that the matter could be disposed of at the threshold stage without delving into prolonged proceedings:
“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.”
Accordingly, the court directed the respondents to assess the petitioner's threat perception in accordance with law and provide adequate security based on the outcome of the assessment.
The court reiterated that Article 21 of the Constitution guarantees not only the right to life but also a life free from fear and threat.
APPEARANCE:
Mehtab Gulzar, adv for Petitioners
Priyanka Bhat Assisting Counsel to Mrs.Monika Kohli, Sr. AAG. FOR Respondent.
Case-Title: Mohammad Irfan vs UT of J&K, 2025