Home | Legal Advice | Criminal Law | Is there any remedy when the district level security committee has rejected my application for providing security?

Is there any remedy when the district level security committee has rejected my application for providing security?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law

Reading Time:

Question: I am a social worker and RTI activist. Since 2008 I have been active in seeking information pertaining to public importance. Many people have enmity because I have stopped their illegal business. They have threatened me to face dire consequences. Therefore, I have applied for security from the state government. The district level security committee has rejected my application. Is there any remedy when the district level security committee has rejected my application for providing security? Because I am still facing life threatening calls from these people. My advocate files an appeal before the division level committee but it is also dismissed. I want to challenge it in the High Court. Can I get any relief?

Asked from: Uttar Pradesh

You have no right to file an appeal against the decision of the District Level Security Committee. The decision becomes final and there is no provision to appeal against the said decision. Therefore, your appeal has correctly been dismissed by the Division Level Committee. 

You cannot get any relief from the High Court if you challenge the order of the Division Level Committee. In lack of provision to appeal there is no infirmity in the decision of the Division Level Committee.

In Akalu Ahir and others Vs. Ramdeo Ram [AIR 1973 SC 2145] Hon’ble the Supreme Court held that an appeal is a creature of statute and there is no inherent right of appeal. The same has been reiterated by the Hon’ble Supreme court in its umpteen judgments. 

Hence, you will get no fruitful relief from the High Court. Instead, you should prefer a writ petition before the High Court under Article 226 and seek direction to provide police protection at the expense of the state. Protection of life and personal liberty is a fundamental right under Article 21 of the constitution. In State of Uttar Pradesh v. Lalai Singh Yadav (1976) 4 SCC 213 the Supreme Court has held that the state is bound to secure the life of its citizens from threats and violence. Instead of challenging the decision of the Division Level Committee you should file a writ and demand security from the High Court.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54