KUNWAR PARNAV SINGH CHAMPION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein, a Member of the State Legislative Assembly from 2002 onwards, was last elected from Haridwar assembly Constituency in the year 2016. He has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the communication dated 19.07.2019, as well as the order mentioned therein dated 17.07.2019; and a writ of mandamus commanding respondent No.1 to provide protection to him and his family, and to continue with the grant of atleast Y+ category security to them, subject to its being reviewed periodically based on an unbiased and independent inquiry being undertaken with respect to the degree of threat faced by him and his family, and without being influenced by any kind of political or other motivated considerations; or, in the alternative, for a writ of mandamus to direct respondent No.2 to provide adequate security cover to the petitioner and his family, in the contingency of the inability of respondent No.1 to provide adequate and appropriate security cover to them.

(2.) The petitioner refers to several earlier incidents where there was a threat to his family and himself. He then claims that a doctored video of his was uploaded in the social media, showing him in a private room with his licensed weapons, having fun while allegedly listening to some Hindi Film songs. Pursuant to what the petitioner claimswas a media trial, his arms licenses were suspended and he was asked to surrender his licensed firearms. By the impugned order, the security cover provided to him was withdrawn.

(3.) Mr. Shobhit Saharia, learned counsel for the petitioner, would submit that, since the petitioner has a fundamental right under Article 21 of the Constitution of India, for his family and himself to be protected from any untoward incidents, the relief sought for in the writ petition should be granted.