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2015 Supreme(SC) 1498

JAGDISH SINGH KHEHAR, S.A.BOBDE
State of West Bengal – Appellant
Versus
Biswanath Mitra – Respondent


Advocates Appeared:
For the Appellants :Kalyan Kr. Bandopadhyay, Sr. Advocate, Saakaar Sardana and Anip Sachthey AOR (NP).
For the Respondent:Pijush K. Roy and Rajan K. Chourasia, Advocates.

JUDGMENT :

The respondent approached the High Court at Calcutta (hereinafter referred to as the 'High Court') by filing MAT No. 1815 of 2011 and CAN No.10924 of 2011 seeking, that there was a threat perception to his life and he be provided police security. The aforesaid matter came to be disposed of by a common order dated 19.01.2012. The operative part of the above order is being extracted hereunder:

    "We find that the order so passed by the learned Trial Court does not suffer from any irregularity or illegality. Hence we affirm excepting that it will be an endeavour on the part of the police authorities to find out whether it is necessary to allot such security in favour of the appellant/writ petitioner periodically. We directed to deploy such security to the appellant without payment of cost since we feel that it is the right of a citizen to be protected by the State in respect of his rights under the Constitution. Hence, we modify the part of the trial Court's order directing such security should be provided to the appellant without charging any cost."

2. A perusal of the aforesaid order reveals, that liberty was granted to the police authorities to determine the threat perception

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