ORDER :

1. This Special Leave Petition challenges the order passed by the High Court of Allahabad at Lucknow Bench dated 08.05.2013 which is rather innocuous in view of the fact that the Judgment has been reserved by the High Court in Special Appeal No. 257 of 2013, wherein it has been observed by the High Court that during pendency of the matter i.e. before the Judgment is pronounced, further proceedings in the matter pending before the learned Contempt Judge shall remain stayed.

2. The matter pertains to a claim raised by the petitioner for providing 'Z' or 'Y' category security which he was enjoying while he was holding the portfolio of a Minister of the Cabinet rank during the erstwhile Government of Uttar Pradesh, which changed in March, 2012 after the election.

3. Thereafter, the petitioner ceased to be the minister and, therefore, the 'Z' category security which had been provided to him while he was functioning as a minister was withdrawn by Order dated 14.12.2012, which is a part of the record before us. It was ordered that the 'Z' category security which had been provided to the petitioner would be withdrawn as it was decided by the Committee, after analysing the orders passed by the High Court in W.P. No. 5822 (MB) of 2003 and W.P. No. 2087 (M/B) of 2012 and also after considering the reports and recommendations of the District Committee, Security Unit, not to provide the 'Z' category security to the petitioner and it was further decided that in place of 'Z' category security, two gunners (one official gunner and one at the petitioner's personal expense of 10%) be provided to him.

4. The petitioner felt aggrieved by this order and filed a Writ Petition before the High Court which was dismissed as withdrawn, as according to the submission of learned senior counsel for the petitioner, the learned Single Judge dealing with the Writ Petition was of the view that the Writ Petition is not the appropriate remedy and the petitioner should move by way of a contempt in a matter wherein certain directions were issued in his favour granting him appropriate security. The petitioner accordingly moved the High Court by way of a Contempt Petition where the matter was pending. While the Contempt proceeding was pending before the Division Bench of the High Court as per the High Court rules, the respondent-State came up in appeal before the Division Bench in Special Appeal No. 257 of 2013, wherein the arguments were heard by it and the Judgment was reserved. As noted earlier, further proceedings in the matter pending before the learned Contempt Judge was stayed by the High Court.

5. The petitioner felt seriously aggrieved by this order and even before the Judgment could be pronounced, he filed a Special Leave Petition before this Court wherein it has been urged that the threat perception to the petitioner is so grave in nature that he cannot even wait for the Judgment to be pronounced by the High Court and he should be granted 'Z' or 'Y' category security apart from the gunners' security which had already been provided to him and for this purpose, the counsel vehemently and with excessive zeal, submitted that the security provided to the petitioner is not sufficient and he should be provided with 'Z' or 'Y' category security even though he no longer continues as minister of the State.

6. This Court, at an earlier date i.e. on 03.06.2013, passed an order permitting the petitioner to move the Division Bench of the High Court stating that he should be made available 'Z' or 'Y' security instantly as his threat perception is very grave. This Court permitted him to do so in spite of the fact that the petitioner, under the rules, is not entitled to either 'Z' or 'Y' category security as an ex-minister. However, Mr. Rajiv Dutta, learned senior counsel appearing for the petitioner, endeavoured to impress upon this Court that although under the rules, an ex-minister may not be entitled to 'Z' or 'Y' category security, but if the security threat to any