IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRIMINAL WRIT PETITION)

CRL.M.A NO.________OF 2024
W.P. (CRL) NO. 3270 OF 2024

IN THE MATTER OF:-

MS. LAXMI
…..PETITONER

VERSUS

STATE (GOVT., N.C.T OF DELHI) & ORS

…….RESPONDENTS

INDEX

S.NO. PARTICULARS PAGES

1. Urgent application

2. Notice of Motion
Memo of Parties
3.

4. List Of Dates And Events

5. WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA READ WITH SECTION
528 OF BNSS, 2023. FOR ISSUANCE OF WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT
SEEKING QUASHING OF THE ORDER DATED
07.08.2024 PASSED BY THE LIEUTENANT
GOVERNOR OF DELHI UNDER SECTION 18 OF THE
ARMS ACT, 1959.
ANNEXURE-1
6.
Certified copy of the impugned order dated 07.08.2024
 passed by the Hon’ble Lieutenant Governor.

PETITIONER
New Delhi
Date: THROUGH

GAURAV SAHRAWAT LAW ASSOCIATES

B-27, SAGAR APARTMENTS,
TILAK MARG-6, NEW
DELHI-110001
M: 8800488688
E: [email protected]
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRIMINAL WRIT PETITION)
CRL.M.A NO.________OF 2024
W.P. (CRL) NO. 3270 OF 2024

IN THE MATTER OF:-

MS. LAXMI
…..PETITONER

VERSUS

THE STATE (GOVT., N.C.T. OF DELHI) & ANR …. RESPONDENTS

REPLY ON BEHALF OF THE PETITIONER TO THE APPLICATION

UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023 FILED BY THE RESPONDENT SEEKING
RECTIFICATION/MODIFICATION OF THE ORDER DATED 2/10/2024
PASSED BY THISHON’BLE COURT

MOST RESPECTFULLY SHOWETH: -

1. The petitioner opposes the State’s application seeking

rectification/modification of the Hon’ble Court’s order dated 21.10.2024,
as it lacks merit and serves to divert attention from the State’s failure to
provide the petitioner with adequate security in light of continuous threats
to her life.
2. The State’s application is an attempt to justify its procedural lapses and
inability to protect the petitioner, who has been facing imminent and
documented life-threatening situations.
3. The petitioner has taken all reasonable steps to bring her security
concerns to the notice of the authorities. Petitioner also submitted an
application dated 25.10.2024 to the Hon'ble Commissioner of Police,
Delhi Police Headquarters, Jaisingh Marg, requesting immediate
implementation of this Hon’ble Court’s order dated 21.10.2024, which
directed the reallocation of a PSO for her protection wherein her
application, the petitioner detailed:

 The arbitrary removal of the PSO on 09.10.2024 by SI Dinesh without

prior notice, despite the Hon'ble High Court’s previous direction dated
12.09.2022.

 Her subsequent threats, including a life-threatening incident on

25.10.2024, where three individuals followed and threatened her, stating,
“We will see how long you will survive; one day we will kill you.”

 The failure of the authorities to implement the Hon'ble Court’s direction

has left her in a state of fear and vulnerability.

 The petitioner has also reported the threats to the emergency helpline
(Dial 112) and remains in urgent need of round-the-clock protection.

4. The respondents' withdrawal of the PSO on 09.10.2024, without

providing notice to the petitioner or seeking court approval, is not only a
procedural irregularity but also a violation of the petitioner’s fundamental
rights under Article 21 of the Constitution.
5. Despite the Hon'ble Court’s clear direction on 21.10.2024 to reassign a
PSO, the respondents have failed to comply with this order. This
 demonstrates a disregard for judicial authority and exacerbates the
petitioner’s insecurity.
6. The petitioner has been subjected to continuous threats, as evidenced by
FIRs, including Nos. 734/2019, 222/2021, and 55/2022, and the recent
incident on 25.10.2024, further underscores the inadequacy of protection
provided by the State.
7. The respondents’ assertion that SI Sachin Kumar made an “honest
mistake” during the proceedings on 21.10.2024 is unacceptable. The
PSO’s removal was a deliberate administrative decision, and its
consequences have left the petitioner vulnerable to imminent harm.
8. The withdrawal of full-time PSO protection without affording the
petitioner an opportunity to contest the decision before the Security
Review Committee violates the principles of natural justice.
9. The State’s inability to ensure the petitioner’s safety bolsters her
contention that an arms license is essential for her self-defense and that
PSO protection alone is insufficient.

PRAYER: -

It is, therefore, most humbly prayed that this Hon'ble Court may
graciously be pleased to: -
a) Dismiss the application filed by the State under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, seeking
rectification/modification of the order dated 21.10.2024.

b) Reaffirm the petitioner’s right to life and liberty under Article 21 of the
Constitution, and direct the respondents to:

a. Immediately comply with the Hon’ble Court’s order dated

21.10.2024 by restoring full-time PSO protection.

b. Expedite the issuance of an arms license to the petitioner to ensure

her safety.
 c) Pass any other order(s) that this Hon’ble Court may deem fit in the
interest of justice, equity, and good conscience.

d) Grant any other relief that this Hon’ble Court deems fit and proper in
the interest of justice, equity, and good conscience.

PETITIONER

New Delhi
Date: THROUGH

GAURAV SAHRAWATLAW ASSOCIATES

B-27, SAGAR APARTMENTS,
TILAK MARG-6, NEW DELHI-
110001
M: 8800488688
E: [email protected]
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(CRIMINAL WRIT PETITION)
CRL.M.A NO.________OF 2024
W.P. (CRL) NO. 3270 OF 2024

IN THE MATTER OF:-

MS. LAXMI
…..PETITONER

VERSUS

THE STATE (GOVT., N.C.T. OF DELHI) & ANR ….

RESPONDENTS

AFFIDAVIT

I, Laxmi, D/o. Sh. Prem Raj, aged about 32 years, R/o. B-6/106, Nand
Nagri, Delhi-110093, do hereby solemnly affirm and declare as under: -

1) That I am the Petitioner in the above-mentioned matter and I am

well conversant with the facts of the case and therefore, competent to
swear and affirm the present affidavit.

2) That the accompanying reply to application under sec 528 of

BNSS,2023 has been drafted by my counsel under my instructions. The
contents of the same are true and correct and should be read as part of this
affidavit as for the sake of conciseness, they are not being repeated herein.

DEPONENT
VERIFICATION:-

Verified at New Delhi on______________2024 that the contents of the above

affidavit are true and correct to my knowledge and belief, no part of it is false
and nothing has been concealed therefrom.

DEPONENT