Madhya Pradesh HC refuses 24×7 police protection plea by interfaith couple — ‘Courts can’t become security establishment’

The court added that while Article 21 protections were paramount, extraordinary judicial orders for permanent security arrangements required strict scrutiny. “Every writ petition seeking such extraordinary protection must be substantiated by clear proof of threat, rather than general apprehensions or isolated incidents of suspicious vehicles, which primarily warrant regular police patrolling and investigation rather than personal armed guards,” the order said.

The petition had been filed by a Ratlam-based couple who married in 2019 according to Hindu rites at an Arya Samaj temple in Delhi after the woman, originally a Muslim, converted to Hinduism “out of her own free will and consent”. The couple told the court that they had faced sustained threats from the woman’s relatives and others opposed to the interfaith marriage. They also said they had two minor children and had repeatedly complained to police authorities about suspicious activity near their residence.

According to the petition, an investigating officer had acknowledged the threat perception in 2021, noting that the husband faced threats from persons “of another religion” because of the inter-religious marriage. After shifting to Ratlam in 2022, the couple had earlier approached the high court, following which police protection was granted.

The fresh litigation arose after authorities allegedly withdrew an armed gunman on April 13, 2026, and replaced him with an unarmed home guard personnel. The petitioners argued that the reduced protection violated their right to life and liberty under Article 21.

Their counsel contended that the couple remained vulnerable, particularly during night hours. The petition detailed several incidents between 2024 and 2026, including alleged attempts to stop their car, suspicious vehicles near their home, and reports by police constables claiming that masked individuals and persons on motorcycles without number plates had been conducting surveillance near the residence.

But the court drew a distinction between ensuring law and order and judicially supervising security deployment. “This Court cannot, in the name of protection, assume the role of the security establishment and issue blanket orders to dictate the precise modalities of security deployment,” the order said.

Rejecting the demand for 24-hour armed protection, the Bench specifically held that it could not direct the State “to provide adequate and effective police protection to the Petitioners and their family members, including round-the-clock (24 hours) security protection, at their residence or wherever they are,” nor could it order re-allotment of gunmen or deployment of additional police personnel during night hours.

The court also clarified the scope of its earlier 2022 order in favour of the couple. “A plain reading of the said order makes it abundantly clear that the directive was strictly confined to the disposal of the representation. It did not, by any stretch of imagination, constitute a judicial mandate or order directing the police authorities to provide continuous, round-the-clock security in perpetuity,” the order stated.

At the same time, the Bench reaffirmed the responsibility of police authorities to respond whenever a genuine threat emerges. “It remains the absolute statutory and constitutional duty of the police administration to maintain law and order. The authorities are obligated to take active, prompt, and appropriate action whenever a complaint of such nature is received,” the court observed.

Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy. Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free. Expertise and Reporting Beats Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors: National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres. Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA). Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking. Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers. Professional Background Tenure: Joined The Indian Express in 2017. Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh. Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs. Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife. Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance. Digital & Professional Presence Author Profile: Anand Mohan J at Indian Express Twitter handle: @mohanreports ... Read More

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