JAI BHAGWAN GOEL Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India, seeking a writ in the nature of mandamus and/or certiorari. The petitioner has prayed for quashing of the order of the respondent, withdrawing the security provided to him and also for a direction to the respondents, to restore police security by providing "Personal Security Officers"(for short "PSO").

(2.) It is the case of the petitioner that he was initially appointed as the president of Shiv Sena unit of Delhi, but subsequently resigned from the party. Thereafter, he launched his own political party by the name of "Rastrawadi Sena", of which, the petitioner is now the National President. The petitioner submits that on account of being one of the main accused in the "Babri Mosque" demolition case, and the fact that he had strongly opposed terrorist activities in the country by leading various demonstrations, there has been a continuous threat to his life. He states that he has been receiving threatening telephone calls from various people and groups and on informing the Police of the said threats, was given security on June 07, 2001. And that on November 30, 2001, the said security was abruptly withdrawn.

(3.) The petitioner further submits that on May 30, 2002, a terrorist fired a bullet at his car, which resulted in the injury to his driver. And that immediately thereafter the respondent no.3, Station House Officer (for short "SHO"), Police Station, Shahdara provided one PSO for the petitioner. And that on seeing an imminent danger to the life of the petitioner, the Delhi Security Branch on June 21, 2002 increased his security by deputing three PSOs with him. The petitioner submits that subsequently on October 05, 2002, the said security was again withdrawn abruptly without giving any reason. And that till November 2008 the petitioner was only provided security intermittently.