The High Court of Jammu and Kashmir and Ladakh recently directed the Union Territory administration to assess the seriousness of threats allegedly being sent to Advocate Mohammad Irfan, a former Government Advocate who used to represent the administration in cases involving national security [Mohammad Irfan v. UT of J&K].
Irfan told the Court that he has been facing continuous threats since he used to represent the government in sensitive and high-profile cases involving anti-national elements, overground workers, and suspected militants.
On July 4, Justice Mohd. Yousuf Wani observed that the government had a duty to assess the seriousness of the threats being made to advocate Irfan's life and provide him with adequate security.
"The petitioner (Irfan) 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. It is the duty of the respondents to consider the representations of the petitioner and to assess his apprehended threat perception for providing the needful security to him," the Court said.
It also underscored that the fundamental right of a person to life and liberty under Article 21 of the Constitution of India includes the right to live free from threats or fear.
"Right to life and liberty guaranteed under Article 21 of the Constitution of our country mandates that every individual subject to procedure established under law shall lead a normal, peaceful and independent life and as such right to life includes in it a right not to live a threatful life."
Advocate Irfan had moved the Court after an officer deputed as his personal security officer in 2024 was withdrawn after a year, without any alternate arrangement being made.
Irfan submitted that he also made a formal representation on this issue to the Additional Director General of Police (Security), Jammu and Kashmir, on November 15, 2024. However, no action was taken on this representation, his counsel told the Court.
Irfan contended that such continued inaction by authorities amounted to a violation of his fundamental right to life and personal liberty.
Taking note of these submissions, the Court disposed of Irfan's petition by directing the respondents, including the Jammu and Kashmir Home Department, to assess the threats being faced by the lawyer and then provide him adequate protection based on the findings.
"The instant petition is disposed of with the direction to the respondents to assess the threat perception of the petitioner under rules and to provide him the adequate security as per the result of the assessment," the order said.
The petitioner, Mohammad Irfan, was represented by Advocate Mehtab Gulzar.
The Jammu and Kashmir government was represented by Senior Additional Advocate General Monika Kohli and Advocate Priyanka Bhat.
[Read Order]