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Salma & Anr. v. State of U.P. & Ors.

Writ Petition (Criminal) · Neutral citation not assigned (Writ Petition (Criminal) No. 16 of 2013)Decided 7 Sept 2015
Writ Petition (Criminal) No. 16 of 2013
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

Two petitioners approached the Supreme Court directly by writ petition, stating that four First Information Reports had been registered on their complaints and that they feared a threat to their lives. They also raised the separate grievance that a family member, their son Nazim, had been missing since 2007.

Decision Breakdown

The Court did not go into the merits of the petitioners' underlying grievances but disposed of the writ petition with practical directions: it directed that if the petitioners had any grievance they should approach the concerned authority, and if they genuinely feared for their lives, they could approach the Superintendent of Police, Meerut, who could grant protection if he considered it necessary. On the missing son, the Court held that the appropriate remedy was for the petitioners to approach the High Court by way of a habeas corpus petition, expressing confidence that the High Court would look into it. With these observations, the writ petition and any pending applications were disposed of.

Lesson Learnt

The Supreme Court often directs citizens with grievances about police protection or a missing family member to the appropriate authority or forum (local police, or a High Court habeas corpus petition) rather than deciding such matters itself in the first instance, approaching the right forum first can resolve urgent personal-safety matters faster.

Official source (sci.gov.in)View Judgment (PDF)

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