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B. V. L. N. CHAKRAVARTHI
P. Sudhakara Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
B.V.L.N. Chakravarthi, J.
1. Initially the Writ Petition was filed Under Article 226 of Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in seeking to withdraw the security in the form of 2 + 2 provided to the petitioner without any prior notice or any objective exercise as arbitrary and illegal offending Articles 14, 19 and 21 of the Constitution of India and issue a direction to the respondents to continue to provide the security personnel in the form 2 + 2. Later, the petitioner amended including another prayer to set aside the letter C.No.548/SB- XI-NLR/2024, dated 03.08.2024.
2. Heard Sri D. Prakash Reddy, learned Senior Counsel assisted by Sri M. Bala Krishna, learned counsel for Writ Petitioner and learned Advocate General for respondents No.1 to 4.
3. The petitioner is a former Additional Advocate General for the State of Andhra Pradesh. The petitioner contends that he was allotted cases pertaining to 18 Departments which includes most sensitive cases involving the present Chief Minister and other leaders of political parties. The petitioner handled those cases on behalf of the State. The details of cases are mentioned in the aff
Security provision is contingent on current threat assessments, which must be evaluated by the Security Review Committee, and not guaranteed based on past positions.
Profession - Refusal to provide petitioner personal security - High court while exercising writ jurisdiction under Art 226 of Constitution, cannot substitute its decision to decision of competent Aut....
Article 21 protects against state action but does not guarantee police protection to individuals whose threat perceptions arise from their own criminal activities.
A person with a criminal background cannot claim state-funded police protection when threats arise from their own activities, as this contradicts public morality.
Assessment of real threat perception and granting security at the state's cost only in compelling cases linked to public or national service.
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