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2022 Supreme(Online)(Kar) 35572
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2022
BEFORE
THE HON9BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NO.18549/2021 (GM-POLICE)
BETWEEN:
SHRI. DEEPAK G
S/O LATE G GOVINDARAJU
AGED ABOUT 44 YEARS
R/AT NO.2/7, 15TH MAIN
22ND CROSS, SECTOR 3
HSR LAYOUT
BANGALORE-560 102.
...PETITIONER
(BY SRI M.S. SHYAM SUNDAR, SR.COUNSEL A/W
KUM VANDANA P. L., ADV.)
AND:
1. THE STATE OF KARNATAKA
BY DEPARTMENT OF HOME AFFAIRS
REP. BY THE PRINCIPAL SECRETARY
VIDHANA SOUDHA
BANGALORE-560 001.
2. THE COMMISSIONER OF POLICE-
BANGALORE CITY
OFFICE OF POLICE COMMISSIONER
INFANTRY ROAD
BANGALORE-560001.
&RESPONDENTS
(BY SRI M VINOD KUMAR, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
THAT THE ACT OF THE RESPONDENT STATE IN WITHDRAWING
THE PAID GUNMAN SECURITY PROVIDED TO THE PETITIONERS
LIFE WITHOUT NOTICE AND REASONS IS NOT ACCEPTABLE
UNDER LAW AND DECLARING THE LAWFUL AND EQUITABLE
ENTITLEMENT OF THE PETITIONER FOR SUCH GUNMAN
SECURITY UNDER THE PECULIAR FACTS AND CIRCUMSTANCES
AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:-
Heard learned Senior counsel Sri.Shyam Sundar for
Kum.Vandana P.L., learned counsel for petitioner and learned
Additional Government Advocate Sri.Vinod Kumar, for
respondents.
2.
Learned Senior counsel for the petitioner would submit
that the respondents considering the serious threat to the
petitioner, provided Gunman security against payment and
service Taxes under Annexure-H dated 10.02.2021. It is the
case of the petitioner that the said security is withdrawn
without any notice even though the said threat perception
3
continues. The said Gunman facility was withdrawn on
18.09.2021. Learned counsel would submit that there was
no reason for the respondents to withdraw Gunman provided
to the petitioner. It is submitted that immediately after
withdrawal of Gunman facility, the petitioner submitted
representations
at
Annexure-J
dated
20.09.2021
and
Annexure-K dated 27.09.2021 to the second respondent-
Commissioner requesting him to provide suitable security and
also Gunman to the petitioner. Learned Senior counsel would
submit
that
the
said
representations
are
pending
consideration with the second respondent and no order is
passed till this date.
3.
Learned Additional Government Advocate would submit
that the petitioner has no right to seek Gunman and further
he submits that the second respondent-Commissioner
on obtaining report with regard to threat perception to the
petitioner has come to the conclusion that the petitioner does
not need any security or paid Gunman. Further he submits
4
that
petitioner9s
representations
at
Annexure-J
dated
20.09.2021 and Annexure-K dated 27.09.2021 would be
considered in accordance with law and suitable orders would
be passed.
4.
Annexure-H dated 10.02.2021 indicates that the
petitioner was provided with Gunman for a period of 3
months on payment basis. The said security of Gunman
provided to the petitioner was withdrawn by second
respondent on 18.09.2021. Learned counsel for the petitioner
contends that even to this date, threat perception continues
and
the
petitioner
requires
security
of
Gunman.
Representations submitted by the petitioner are pending
consideration before the second respondent. Therefore, at
this stage, I am of the opinion that it would suffice, if a
direction is issued to the second respondent to consider the
representations
at
Annexure-J
dated
20.09.2021
and
Annexure-K dated 27.09.2021 and to pass appropriate
orders.
5
5.
Hence, the following order:
The second respondent is directed to consider the
representations
at
Annexure-J
dated
20.09.2022
and
Annexure-K dated 27.09.2021 and pass appropriate order in
the matter of providing security or Gunman to the petitioner,
within a period of 4 weeks from today.
With the above, the writ petition stands disposed of.
SD/-
JUDGE
mpk/-*
CT:bms
