Not Possible For Few Individuals To Threaten Entire Community: Uttarakhand HC Declines Plea Of Balmiki Samaj Seeking Protection Against Private Individuals

The petitioner represented by Mr. Susheel Kumar, urged the court to intervene and direct authorities to conduct a high-level inquiry against respondents and ensure the safety of the society's members. However, Mr. J.S. Virk, Deputy Advocate General for the State of Uttarakhand, contested the allegations, arguing that the claims against the respondents were unfounded.

Counsel for the petitioner argued that respondents were harassing members of Balmiki Samaj and threatening to implicate them in false cases, hence seeking protection. Conversely, the State Counsel contended that the allegations were baseless, stating that a few individuals belonging to Balmiki Samaj couldn't pose a threat to the entire community.

In their judgment, the court observed that while there might be instances of harassment directed towards individual members of the Balmiki Samaj, it was not plausible for a few individuals to pose a threat to the entire community.

"The private respondents may pose a threat to one or two individual members of Balmiki Samaj; however, it is not possible for 2-3 persons to pose a threat to the entire Balmiki Samaj or the entire community. Thus, we are not inclined to grant the relief, as prayed for.", the bench said while dismissing the plea.

Case Title: BALMIKI SAMAJ MAHANAGAR Vs State Of Uttarakhand

Citation: 2024 LiveLaw (Utt) 9

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