Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2159 of 2023 ====================================================== Sanjay Kumar Singh Son of Late Kapleshwar Prasad Singh, Resident of Muhalla- Shardanagar, Ward No. 27, Police Station- Saharsa, DistrictSaharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary (Home), Govt. of Bihar, Patna.

2.

The Inspector General of Police (Security)-cum- Chairman, Special Security Committee, Bihar, Patna.

3.

The Deputy Inspector General, Special Security Committee, Bihar. 4.

The District Magistrate, Saharsa.

5.

The Superintendent of Police, Saharsa.

6.

The Deputy Inspector General of Police, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samir Kumar, Advocate For the Respondent/s :

Mr.Manish Kumar ( GP- 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2024 The present writ petition has been filed seeking the following reliefs:- "1. i) For issuance of writ in the nature of Mandamus or any other appropriate writ/order/direction for produce a copy of the proceeding of the meeting dated 11.08.2022 of Central Security Committee (hereinafter referred to as "Committee") and all connected orders whereby decision has been

2/4 taken to provide security to the petitioner on payment basis instead of providing security to him at the expenses of the State and thereafter be pleased to issue appropriate writ in the nature of Certiorari to quash the part of the proceeding of the meeting whereby such impugned decision has been taken with respect to the petitioner.

ii) For issuance of writ in the nature of Mandamus or any other appropriate writ/order/direction for produce a copy of the of the inquiry report/threat perception report on the basis of which the decision has been taken by the Committee.

iii) For issuance of writ in the nature of Mandamus for commanding the respondent State to provide adequate security to the petitioner and the family members at State expenses as the petitioner and his other family members are under constant threat by the unlawful elements particularly the contractual employees who were illegally appointed in the Saharsa

3/4 Nagar Parisad but subsequently removed pursuant to the order passed by this Hon'ble Court at the instance of the petitioner in PIL bearing CWJC No. 384 of 2016 disposed of on 27.09.2016.

iv) For holding that the petitioner being not capable to engage security on payment basis would be deprived of his right to life and personal liberty as enshrined in Article 21 of the Constitution of India and would amount to virtually denial of security to the petitioner and his family members.

v) For issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction conduct a fresh and impartial inquiry relating to the threat perception relating to the petitioner and his family members."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for

4/4 redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U