Jammu & Kashmir HC directs the government to protect an ex-government lawyer facing threats after representing the State in cases against anti-nationals and militants.
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SRINAGAR: In a remarkable ruling reinforcing the right to life and personal liberty under Article 21 of the Constitution, the High Court of Jammu and Kashmir and Ladakh recently addressed the security concerns of Advocate Mohammad Irfan, a former Government Advocate.
The Court, acknowledging the gravity of threats allegedly received by Irfan due to his past role representing the Union Territory in high-profile national security cases, directed the authorities to assess the threat perception and extend adequate protection as warranted.
This case underscores the evolving interpretation of Article 21, the right to life, not just in terms of physical existence, but also the right to live free from fear, threats, and intimidation, particularly for individuals who have served the State in sensitive legal capacities.
Background
The petitioner, Advocate Mohammad Irfan, served as a Government Advocate and represented the Union Territory of Jammu and Kashmir in cases involving anti-national activities, including proceedings against militants, overground workers, and other sensitive security matters.
Irfan informed the Court that due to his involvement in these high-stakes cases, he has been subjected to continuous threats to his life and safety.
In 2024, Irfan was assigned a personal security officer (PSO) to ensure his safety. However, in 2025, the security cover was withdrawn without any alternative arrangement or explanation.
Despite making a formal representation to the Additional Director General of Police (Security), Jammu and Kashmir, on November 15, 2024, no response or remedial action was taken. This prompted Irfan to move to the High Court seeking protection and restoration of his security.
Court’s Observations
Justice Mohd. Yousuf Wani, on July 4, 2025, heard the matter and delivered a reasoned order that aligns with constitutional guarantees and administrative duties. The Court explicitly recognized that Advocate Irfan’s former duties placed him in a vulnerable position, making him a potential target for those against whom he appeared in court.
The Court held,
“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.”
One of the most notable aspects of this order is its reaffirmation of the fundamental right to life and liberty under Article 21 of the Constitution. The Court observed that,
“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.”
After considering the facts and legal submissions, the High Court disposed of the petition with a clear direction to the Jammu and Kashmir administration, including its Home Department,
“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.”
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