PATNA HIGH COURT
Samarendra Pratap Singh, J.
Vijay Kumar Choudhary @ Vijay Kumar
Versus
State Of Bihar
Criminal Writ Jurisdiction Case No. 431 of 2007 ;
Decided On : SEPTEMBER 22, 2008
351 U.S. 345-Distinguished.
1. In the instant writ petition, the petitioner prays for a direction to the respondent authorities to provide security guards with carbine alongwith section of security guards to be deployed at his residence for protection of his life and property.
2. The petitioner seeks the aforesaid reliefs, as he apprehends imminent threat to his life and property at the hands of anti-social elements having connection with high ups and politicians, whose misdeeds were exposed in public by him. It would be necessary to notice the facts of the case in brief.
3. The petitioner prior to the year 2002, was a staff reporter of Delhi Newspaper Hindustan, Patna Edition, in course of his career as a journalist he made some sensational revelations regarding the misdeeds of some high ups and political bigwigs. The petitioner began to receive continuous threats from anti-social elements who was affected by such newspaper report.
4. The authorities on realizing that threat perception to petitioner is imminent and real, the Additional Secretary (Home) Police, Bihar and the D.G.P. recommended to provide adequate security arrangement for him. Similarly the D.I.G., Central Zone, Patna also accepted the factum of threat and directed the Senior Superintendent of Police, Patna, to provide him proper security. However, no security was provided to the petitioner on the ground of paucity of such force. The petitioner moved this court being Cr.W.J.C. No. 766 of 1994 and 291 of 1998 for a direction for providing two security guards with sten gun/carbine. This court by order dated 30.7.1998 passed in Cr.W.J.C. No. 291 of 1998, directed the respondents to provide security guards, if not already provided (Annexure-1). This court noticed the aforesaid facts stated in order dated 30.7.1998 contained in Annexure-1.
5. Pursuant to the direction of this court, the petitioner was provided two security guards vide memo no. 22.9.1998 of the Superintendent of Police, Jehanabad (Annexure-2).
6. The President of India vide warrant of appointment dated 21.3.2002, appointed the petitioner, a Member of the National Commission for Scheduled Castes/Scheduled Tribes (Annexure-3). The petitioner assumed charge of his office at New Delhi w.e.f. 21.3.2002. The petitioner was provided due security at New Delhi and also on his visits to the State of Bihar. One of the purposes of the National Commission for Scheduled Castes/ Scheduled Tribes was to promote economic and educational interest of Scheduled Castes/Scheduled Tribes. The petitioner in course of discharge of his duty, took serious and stern action against antisocial elements in the State of Bihar. The petitioner found that one Dinesh Choudhary, M.L.A., belonging to a particular political party fought Vidhan Sabha election 2000, from Fatuha Constituency, on the basis of fake caste certificate. The petitioner highlighted such fraudulent act. The charge of the petitioner was correct and the Apex Court cancelled the election of Dinesh Choudhary. A copy of the newspaper report in this respect has been annexed as Annexures-5, 5/1 and 6 to the writ petition.
7. Similarly the petitioner also highlighted the involvement of a State Minister in the massacres of 6 Dalit persons in village Bhadura, P.S. Masaurhi, District- Patna on 7.5.2002. At the initiative of the petitioner, the National Commission for Scheduled Castes/Scheduled Tribes recommended for dismissal and arrest of said State Minister. A clipping of the newspaper is made Annexures-7 and 7/1 to the writ petition.
8. On expiration of his term as Member of aforesaid Commission, the petitioner shifted from New Delhi to Patna on 16.3.2007, and is residing therein with his family. His children are studying in a local school in Patna itself. The return of the petitioner to Patna has been noticed by anti-social elements, some of which are very highly connected.
9. The petitioner in paragraph 16 has stated that he met the D.G.P., Bihar. Home Secretary, Bihar and the Senior Superin
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