S.K.Saamy v. The Union Home Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:16.07.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.27685 of 2019 Dr.S K Saamy M/42 yrs S/o.Karuppasamy Nayakka Thevar, Advocate, Founder, Tamil Nadu Munnetra Kazhagam, Founder, Hindukkal Padhukappu Padai and Founder, Judicial Department Reformation Moments House:No.113, F4, First Floor, 3rd Street, Baskar Colony, Virugambakkam, Chennai-600092 Office at No.14, Andavar Nagar, Kodambakkam, Chennai.
... Petitioner Vs 1.The Union Home Secretary to Govt, Government of India/Bharat Sarkar, Home Department, Ministry of Home Affairs, No.113 North Block, New Delhi-110001.
2.The Home Secretary Government of Tamil Nadu, Secretariat, Chennai-600009 3.The Director General of Police, Mylapore, Chennai-4.
4.The Commissioner of Police, Chennai City Police, Vepery, Chennai.
5.The Inspector of Police, R8, Vadapalani Police Station, Chennai.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents to immediately provide adequate police protection/protection through Union Central Government/Union Central Government Security Division/Union Home Department Security Agencies like Special protection Group(SPG), Central Security Police force or any other Para Military Forces, etc., to the petitioner herein because of the perilous situation being faced by the petitioner herein which has culminated into serious threat to his life and liberty. The petitioner at present is receiving several threatening calls from various
National as well as International numbers from the persons who claim themselves to be propounders of the interests of the Muslim Community in general and have in fact in their conversations claimed themselves to be part of the Radical International Muslim Terrorist Groups which have been instrumental in carrying out various terrorist activities in our country and also internationally. Such life threatening calls being received by the petitioner are not only aimed at him but are aimed at his family members and to direct the respondents to enquire the petitioner's complaint and to take necessary legal actions in accordance with law.
For Petitioner : Mr.S.K.Saamy (party-in-person) For Respondents: Mr.Karthikeyan Additional Public Prosecutor.
O R D E R
This petition has been filed seeking for police protection to the petitioner.
2. The learned counsel for the petitioner would submit that the petitioner is a practicing advocate and the Chairman Cum Editor in Chief of the duly registered Law Journal House titled M/s.World Human Rights Commission & Rescue Center Report. He further submitted that he filed several public interest litigation before various coram for public loss. Therefore, there are so many enemies and international terrorists Muslim groups are keep on threatening the petitioner through phone. Therefore, the petitioner had life threat from the afore said groups. Further he submitted that since he is fighting for all the public cause, filed complaints as against the police officials and even after repeated complaints, they are still pending without being conducted any enquiry. Therefore, the petitioner sought for police protection.
3. The learned Additional Public Prosecutor submitted that on the complaint lodged by the petitioner, the 5th respondent police issued CSR and conducted detailed enquiry and the same is closed on 02.11.2019 itself, finding that no cognizable offence is made out on the complaint lodged by the petitioner.
4. Considering the above submissions made by the petitioner as well as the Additional Public Prosecutor, the petitioner made so many allegations as against the police personals. Again and again he repeatedly lodged complaint before the police personnels. According to the prosecution, after conducting the enquiry, the complaint lodged by the petitioner has been closed
on 02.11.2019 itself. Therefore, the police protection cannot be granted to the petitioner in view of the fact that the complaint of the petitioner has already been closed by the 5th respondent. However, the petitioner is at liberty to approach the concerned magistrate for appropriate relief.
5. In view of the above, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar mpa To 1.The Union Home Secretary to Govt, Government of India/Bharat Sarkar, Home Department, Ministry of Home Affairs, No.113 North Block, New Delhi-110001.
2.The Home Secretary Government of Tamil Nadu, Secretariat, Chennai-600009 3.The Director General of Police, Mylapore, Chennai-4.
4.The Commissioner of Police, Chennai City Police, Vepery, Chennai.
5.The Inspector of Police, R8, Vadapalani Police Station, Chennai.
6. The Public Prosecutor, High Court, Madras. +1cc to Dr.S.K.Saamy, Advocate SR.No.
CRL.O.P.No.27685 of 2019 AD(CO) GMY(10/09/2020)