Acharya Shri Anand Kishore Goswami v. State Of U. P.
2009-11-09
JAYASHREE TIWARI, R.K.AGRAWAL
body2009
DigiLaw.ai
JUDGMENT By means of this writ petition the petitioner prayed for a direction to the respondent authorities to provide adequate security to the petitioner on full expenses of the State Government. It is contended that in the past the petitioner's nephew has faced attacks on his life, for which necessary complaint was lodged with the competent authority, and after lodging of the aforesaid complaint the petitioner has been threatened that if he would appear as a witness in the aforesaid case his life would be in danger and culprit has also been convicted and sentenced to 10 years imprisonment by the Session Curt but after getting enlarged on bail in appeal by this Hon'ble Court the petitioner faces severe threat to his life. 2. The petitioner claims himself to be a religious person and is a Pradhan Trustee & Rajbhog Sewa Adhikari of Shri Banke Bihari Ji Ka Mandir Vrindavan Mathura. He is also the Director , Anand Sewa Samiti of the same temple and Ex-chairman of Banke Bihari Trust. 3. He has applied for security personal to the District Magistrate and Senior Superintendent of Police(Security) on 15.9.2008 (Annexures 4 & 5 to the writ petition). 4. The matter of grant of personal security to individuals was considered by this Court in a bunch of writ petitions in Gayyur Hasan and others Vs. state of U.P. and others reported in 2008(10) ADJ 575 (DB). The Court had disposed of all the writ petitions permitting the petitioner to approach high level committee of the State Government by making an appropriate representation within three months and in case such representation is made the high level Committee shall pass a reasoned order and justification with respect to the request of the petitioner for security personal in accordance with law, including various government orders applicable in this regard . In case the request is recommended to be justified the State Government shall pass appropriate orders. 5. This writ petition is also disposed of on the same terms and conditions. The petitioner's representation alongwith a copy of the judgment in Gayyur Hasan's case with the consideration of the threat perception by the District Magistrate and Senior Superintendent of Police, Railway forwarded to the high level committee for consideration, to be forwarded to the State Government. 6.
5. This writ petition is also disposed of on the same terms and conditions. The petitioner's representation alongwith a copy of the judgment in Gayyur Hasan's case with the consideration of the threat perception by the District Magistrate and Senior Superintendent of Police, Railway forwarded to the high level committee for consideration, to be forwarded to the State Government. 6. If the petitioner files a fresh representation alongwith certified copy of this judgment and the judgment in Gayyur Hasan's case the required consideration shall be made expeditiously and if possible within a period of one month from the date of production of certified copy of this order in the office of the Senior Superintendent of Police, Mathura.