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RAJAN ROY, MANISH KUMAR
Nitin Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajan Roy, J.
Heard Shri Anand Mani Tripathi along with Shri S.M. Singh Royekwar, learned counsel for the petitioner and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State.
2. This writ petition was filed on 12.01.2023 seeking the following relief:-
3. The facts of the case in brief are that the petitioner is a Contractor in a Construction Company and has been so for quite sometime, at least since 2011, although, the Company has changed from time to time. He was granted security cover under the interim order dated 15.11.2011 of this Court passed in an earlier writ petition filed by him bearing Writ Petition No. 10096 (M/B) of 2011; Nitin Singh v. State of U.P. and Ors. The said writ petition was decided on 31.07.2019. On a perusal of the said judgement shows that after passing of the interim order dated 15.11.2011, security was granted to him, but, inspite of the or
Security provision is contingent on current threat assessments, which must be evaluated by the Security Review Committee, and not guaranteed based on past positions.
Assessment of real threat perception and granting security at the state's cost only in compelling cases linked to public or national service.
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....
Police protection is not a right for individuals involved in personal disputes and should be based on genuine threat assessments.
Security should be provided free of cost in cases where there is a threat perception to a person.
Article 21 protects against state action but does not guarantee police protection to individuals whose threat perceptions arise from their own criminal activities.
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