Kartar Singh Yadav v. Union Of India Through The Home Secretary (Government Of India),

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.614 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== Kartar Singh Yadav aged about 28 years (Male) Son of Dadan Yadav @ Dadan Singh Yadav, Resident of Village- Samhar, P.O.- Nenua, Police Station- Dumraon, District- Buxar.

... ... Petitioner

Versus

1.

Union Of India through the Home Secretary (Government Of India), New Delhi.

2.

The State of Bihar through the Home Secretary, Government of Bihar, Patna. 3.

The Superintendent of Police, Buxar, District- Buxar. 4.

The Director General of Police, Bihar, Patna. 5.

The Chairman, Protection Committee, Buxar, District- Buxar (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shri Krishna Sinha, Advocate For the Respondent/s :

Mr.Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 16-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2.

This writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondents to provide him a bodyguard for his safety and security.

Patna High Court CR. WJC No.614 of 2019 dt.16-04-2019 2/3 3.

Learned counsel for the petitioner has submitted that the petitioner is a social worker and is actively involved in political activities. He has threat to his life at the hands of some anti-social elements. Earlier also, an attack was made on his life. He has filed several representations before the respondentauthorities for providing a security guard/bodyguard, but till date, nothing has been done.

4.

On the other hand, learned counsel appearing for the State has submitted that the State Government has taken a resolution to appoint District Level Security Committee in order to assess the threat perception for the purpose of providing security to deserving persons.

5.

Having heard learned counsel for the parties, I am also of the opinion that threat perception of an individual seeking security is basically the job of the State. Such an assessment cannot be made by the Court.

6.

In that view of the matter, since the State has already framed a guideline, the petitioner is directed to file a representation before the District Level Security Committee, Buxar for security. In case, such a representation is filed within four weeks from today, the Committee shall be required to

Patna High Court CR. WJC No.614 of 2019 dt.16-04-2019 3/3 consider the same and take a decision in accordance with law within six weeks thereafter.

7.

With the aforesaid observations and directions, the writ petition is disposed of.

(Ashwani Kumar Singh, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.04.2019 Transmission Date