Gujarat HC Dismisses Plea By IPS Officers’ Wife Seeking To Know Reasons For Withdrawal Of Police Protection

The Gujarat High Court has dismissed the plea by an IPS officer’s wife seeking to know the reasons for withdrawal of police protection given to her husband.

The Court noted that if any decision in respect of police protection is directed to be placed on record, it may expose the various methods of collecting information by the State Government in respect of security and threat perception about VIPs and VVIPs.

“If such decision is directed to be provided to the petitioner by which methods State Government decides whether police protection is required to be granted to a particular person or not and whether to continue with it or not, there is all probability that it may travel from one hand to another and ultimately it may lead to exposing such modes and methods of the State Government which is of confidential nature to the people at large and ultimately the real purpose behind the granting of police protection may get frustrated.”, Justice Nirzar S. Desai observed.

Advocate AJ Yagnik appearing for the petitioner had submitted that it is the right of the petitioner to know the reasons for which the police protection provided to the husband of the petitioner was withdrawn.

On the other hand, Public Prosecutor Mitesh Amin submitted that considering the confidentiality of the matter as it involves so many other dimensions about security of VIPs and VVIPs as well, it cannot be parted with by way of providing documents to the petitioner.

The Court noted that the reason behind granting police protection, at the relevant point of time, was the fact that the husband of the petitioner was serving IPS officer then, and also was a witness in criminal trial.

The Court further noted that the husband of the petitioner is in jail now which showed that the ground on which the police protection was sought, at the relevant point of time by the petitioner, does not exist today.

The Court also observed that the petitioner could not successfully establish his right of getting police protection.

“When the petitioner could not successfully establish his right of getting police protection, after overall consideration by the State Government for withdrawal of police protection if any order is passed, it is not open for the petitioner to ask for reasonings behind withdrawal of police protection.”, the Court held.

The Court held that the state was justified in not disclosing the reasons and in refusing to place any other material as the right of the petitioner is very limited.

The Court considering larger public interest held that it was not appropriate to issue any further Order.

Accordingly the plea was dismissed.

Cause Title- Shweta Sanjay Bhatt v. State of Gujarat

Click here to read/download Order