K.K.Ramesh v. The Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2015

CORAM

THE HON'BLE Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P. No.21376 of 2015 K.K.Ramesh ... Petitioner

Versus

1.The Government of India represented by its Home Secretary, Ministry of Home Affairs North Block, New Delhi.

2.The Chief Secretary Government of Tamil Nadu Fort St.George, Secretariat, Chennai.

3.The Home Secretary, Government of Tamil Nadu Secretariat, Chennai.

4.The Director General of Police Dr.Radhakrishnan Road, Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondents to increase the strength of the Intelligence Agencies and improve their skills in each Taluk, Town and District and all places of all over Tamil Nadu to gather intelligence report in advance to control violence such as Political violence communal and religious violence and extremist violence to make peace and stability all over Tamil Nadu by considering the petitioner's representation dated 06.07.2015.

For Petitioner : Mr.K.K.Ramesh (Party-in-Person) For Respondent : Mr.S.T.S. Moorthy Government Pleader for R.2 to R.4 Mr.Su.Srinivasan Assistant Solicitor General of India for R.1

O R D E R

(Judgment of Court was made by The Honourable The Chief Justice) The petitioner seeks through this Public Interest Litigation for the Court to fix the strength of the Intelligence Agency and improve their skills in Tamil Nadu. The petitioner has cited a recent incident to show the inadequacy and non-performance of the Intelligence Agency.

2. We are in a democratic polity. People elect the Government who are suppose to provide protection from incident like the one cited.

3. The law and order is liable to be maintained by the State. The State alone can determine as to how many police are required and how to train them. This is the function which the Court cannot undertake, though there can be no doubt about the principle that well trained and adequate number of intelligence staff is necessary keeping in mind the complexities of the crime.

4. We are thus of the view that it is for the Government to look into this issue and to see how to strengthen the capacity and number of officers as well as the Intelligence network.

5. The writ petition stands dismissed. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

ksr To 1.The Home Secretary, Government Of India, Ministry of Home Affairs North Block, New Delhi.

2.The Chief Secretary Government of Tamil Nadu Fort St.George, Secretariat, Chennai.

3.The Home Secretary, Government of Tamil Nadu Secretariat, Chennai.

4.The Director General of Police Dr.Radhakrishnan Road, Chennai.

+1cc to Mr.K.K.Ramesh, Advocate, S.R.No.35983 +1cc to Mr.Su.Srinivasan, Advocate, S.R.No.36511 +1cc to the Government Pleader, S.R.No.36237 W.P. No.21376 of 2015 RJ(CO) CA(31/07/2015)