Patna High Court
Rajan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioner to file a representation with the concerned authority, attaching the recommendation letters, and disposed of the writ petition.
Summary
The petitioner, a transgender individual nominated to the State Level DISHA Committee in Bihar, alleged threats to his life and sought police protection and implementation of Supreme Court guidelines from NALSA v. Union of India and the Transgender Persons (Protection of Rights) Act, 2019. He cited a prior Delhi High Court order granting security in a similar election‑related case. The State of Bihar raised no objection but suggested the petitioner file a representation with the relevant authority, attaching recommendation letters from election and police officials. The Patna High Court directed the petitioner to file such a representation, noting that the authority must consider the Delhi High Court judgment and the recommendations. Consequently, the writ petition was disposed without ordering immediate security measures.
Issues considered
- What relief, if any, is the petitioner entitled to regarding police protection and security under the Transgender Persons (Protection of Rights) Act, 2019 and Supreme Court guidelines?
- Can the Patna High Court enforce the Delhi High Court's earlier order granting security to the petitioner?
- Whether the petitioner must approach the designated authority with a representation before the court can direct security measures?
Legislation cited
Subjects
- transgender rights
- police protection
- security order
- DISHA Committee
- election nomination
- NALSA guidelines
- Transgender Persons Act
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8960 of 2025
======================================================
Rajan Singh Son of Laxman Singh Resident of Nagmani Mantri Awas, Jagdeo
Smriti Apartment, Jagdeo Path, Murlichak, P.O.- B.V. College, Patna, Bihar,
800014, Presently Nominated as First and Sole Transgender Member in State
Level Disha Committee, Under the Ministry of Rural Development of Bihar-
reg.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, New
Secretariat, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Chairman of State Level DISHA Committee, Government of Bihar,
Patna.
4. The Director General of Police, Headquarters Patna Govt. of Bihar, Patna.
5. The Senior Superintendent of Police, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shrishti Rani, Adv.
For the Respondent/s : Mr.Standing Counsel (22)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 09-07-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. The present writ petition has been filed for the
following relief(s):-
“ 1. For issue of an appropriate
writ(s), order(s), Direction(s) directing to the
respondent Authorities for providing
adequate security and protection of life and
limb of the transgender petitioner.
11. For Commanding and directing
the respondents for providing Police Support
Patna High Court CWJC No.8960 of 2025(3) dt.09-07-2026
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Officer (P.S.O) to the petitioner, because so
that function of DISHA Committee runs
smoothly at state level in Ministry of Rural
Development, Government of India.
III. For Commanding and directing
the respondents to keep in mind that the road
show tour along with 25 peoples will start
from 23.05.2025 to 23.08.2025 in different
districts of Bihar.
IV. For issue an appropriate writ,
orders or direction directing the State
Government to implement the guidelines
passed by the Hon'ble Supreme Court of
India in matter of N.A.L.S.A. Vs. UOI, 2014
AIR 2014 SC 1863 and as also to comply
with the provisions of the Transgender
person (Protection of Rights) Act, 2019.
V. For further pleased to grant any
other relief/ reliefs for which the petitioners
are legally entitled in the eye of law.”
3. Learned counsel for the petitioner submits that the
petitioner belongs to the transgender community for which
certificate of identity has been issued under Rule 5 read with
section 6 of the Transgender Persons (Protection of Rights) Act,
2020. It has further been submitted that the petitioner had filed
his nomination before the Returning Officer, Saket, South Delhi
Patna High Court CWJC No.8960 of 2025(3) dt.09-07-2026
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for contesting from South Delhi Parliamentary Constituency as
sole and only first Transgender candidate in Lok Sabha Election
and prior to filing of nomination, he received many threats form
unsocial elements. Thereafter, the petitioner was granted
security from the Government of Delhi in view of the order
dated 03.06.2024 passed by the Hon’ble Delhi High Court in
W.P. (CRL) 1525/2025 which is reproduced hereinbelow:-
“ ………..
2. Petitioner is a transgender and
is stated to be facing imminent threats om
certain elements.
3. Issue notice to the respondents
through all permissible modes upon king
steps by the petitioner.
4. List the matter before the
Roster Bench on 08.07.2024.
5. In the meantime, SHO P.S.
Sangam Vihar is directed to provide
appropriate security to the petitioner in
accordance with the law. S.H.O., P.S.
Sangam Vihar is further directed to attend to
any complaint made by the petitioner and
proceed in accordance with law.
6. SHO is also directed to provide
the mobile number of the Beat constable to
the petitioner for providing adequate
security.”
4. It is the case of the petitioner that he has been
nominated as a member in State level DISHA Committee of
Bihar State as per the provisions contained in Para-3(x)
Patna High Court CWJC No.8960 of 2025(3) dt.09-07-2026
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guidelines of the State Level DISHA Committee vide letter
dated 17.03.2025 and a recommendation for providing security
to the petitioner has been made by Additional Chief Election
Officer, Bihar vide its letter no. 4075 dated 03.10.2025 and as
also vide letter no. 219 dated 04.10.2025 by Deputy Inspector
General of Police, Bihar.
5. In view of such recommendation, learned counsel
for the petitioner seeks indulgence of this Court in getting his
representation decided by the authority concerned for providing
security as has been directed by the Hon’ble Delhi High Court
whereby the issues have already been adjudicated and put at rest
by judgment rendered in W.P. (CRL) 1525/2025 filed by the
petitioner
6. On the other hand, learned counsel for the State
has no objection in case such application is filed before the
authority concerned and the said authority would be obliged to
take final decision on the recommendation, after assessing the
threat perception, which is being faced by this petitioner.
7. Considering the aforesaid, this Court directs the
petitioner to file a representation along with the
recommendation letters made by the Additional Chief Election
Officer, Bihar vide its letter no. 4075 dated 03.10.2025 and as
Patna High Court CWJC No.8960 of 2025(3) dt.09-07-2026
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also by Deputy Inspector General of Police, Bihar vide letter no.
219 dated 04.10.2025 including other relevant documents,
which the petitioner proposes to file before the authority
concerned, who shall be obliged to pass necessary orders in
view of the judgment rendered by the Hon’ble Delhi High Court
in favour of the petitioner and as also recommendation made by
the authorities in his favour mentioned hereinabove.
8. With the aforesaid observation and direction, the
instant writ petition stands disposed of.
(Ajit Kumar, J)
perwez
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