Court No. - 1 Case :- MISC. BENCH No. - 980 of 2010 Petitioner :- Rakesh Bahadur Singh S/O Late Mahavir Singh Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Dr. L.P. Mishra Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Heard the learned counsel for the petitioner Dr. L.P. Mishra and Sri Vivek
Kumar for the State.
The petitioner is aggrieved by the action of the respondents in withdrawing
his security of gunner which was given to him, without giving any reason and
without communicating any such order. The security was continuing since
long but the petitioner’s case is that when his elder brother Dinesh Pratap
Singh remained as a member of ruling party, the security was provided to the
petitioner but the moment he withdrew from the said party and joined
Congress party on 7.12.2009 and was declared as a member of Legislative
Council, the security provided to the petitioner has been withdrawn.
Submission is that it is because of change of political association, the security
was withdrawn, though there is report of Superintendent of Police, Raebareli
dated 17.12.2009 that the petitioner faces life threats and the Deputy Secretary
vide order dated 15.12.2009 though had extended the security of one gunner
to the petitioner, but the same has been withdrawn even two days before.
On the plea of the State that since the petitioner is Thekedar, therefore, in
terms of the relevant Government orders he cannot be provided security, the
learned counsel for the petitioner stated that the petitioner is neither Thekedar
nor any Theka was given to him and he is only the Block Pramukh.
The questions aforesaid can more appropriately be looked into by the State
Government.
Even otherwise, the matters regarding grant/extension of security lie within
the domain of the State Government and the High Court rarely interferes in
such matters unless and of-course exceptional reason are there.
We, under the circumstances give liberty to the petitioner to move an
application for grant/extension of security as was provided to the petitioner
earlier before the State Government within a maximum period of two weeks
from today. If such an application is moved, the same shall be considered and
decided by the authority concerned in accordance with law within a period of
next six weeks. In case application is moved within a period of two weeks
from today before the State Government, the security of one gunner as was
provided to the petitioner shall be continued at 10% costs which shall be
borne by the petitioner.
Subject to aforesaid direction, the petition is disposed of finally.
Order Date :- 4.2.2010
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