BALWANT SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner is a retired and well reputed Inspector General of Police. He resides in Jyoti Nagar locality of Jaipur. Several years after his retirement, a new Vidhan Sabha complex was constructed in close proximity of the petitioner's house. Being the center of the legislative activities the Vidhan Sabha per se also attracted streams of processions and demonstrations on regular basis, more particularly during the period when it was in Session. The processions and demonstrations no doubt have entailed discomfort to the petitioner both on account of obstructing the egress and ingress to his house and also on account of persistent noise, and commotion during the processions and demonstrations. The demonstrators have on occasions also vandalized the boundary wall of the petitioner's house.

(2.) IN the aforesaid circumstances, the petitioner had approached the Human Rights Commission, Rajasthan. Thereupon vide order dated 24-9-2012, the Human Rights Commission had proceeded to issue directions to the Additional Home Secretary to ensure that the petitioner's right to a peaceful life was protected and maintained. For this purpose it was directed that during the Vidhan Sabha Sessions it should be ensured that no crowds should be allowed to collect in front of the house of the petitioner or breach the peace in the area; that demonstrators were not allowed to use loud-speakers; movement of traffic in front of the petitioner's house not obstructed and flow of traffic should be ensured; the general public participating in the demonstrations should be prevented from vandalizing the boundary wall of the petitioner's house in any manner whatsoever; and the barricading on road near the petitioner's house should be avoided. The order dated 24-9-2012 passed by the Commissioner was forwarded to the State Government for necessary action on 21-1-2013 with reference to Section 18 (5) of the Protection of Human Rights Act, 1993.

(3.) THE present writ petition has been filed in the aforesaid background facts of the case with the following prayer:-