BABU SINGH KUSHWAHA Vs. STATE

JUDGEMENT

(1.) Heard Sri S.K. Kalia, learned Senior Counsel assisted by Sri Sandeep Dixit and Sri Vijai Dixit as well as Sri Jai Deep Narain Mathur, learned Additional Advocate General for the State. Affidavits have been exchanged. With the consent of parties Counsel, we proceed to decide the writ petition at the admission stage.

(2.) The petitioner has been a Cabinet Minister of the State of U.P. for the Department of Family Welfare, Mining and some other departments. He tendered resignation from the State Cabinet on 7.4.2011. It is stated by Sri Kalia, that the petitioner tendered resignation keeping in view the fact that earlier, two doctors of the department of Medical and Health Services, namely, Dr. Vinod Arya and Dr. B.P. Singh, were shot dead by unknown assailants on 27.10.2010 and 2.4.2011. It is alleged that these doctors were shot dead on account of alleged scandal and misappropriation of fund in the department. After resignation, the petitioner was given 'Y-Category Security' along with Escort, by the Government, by the order dated 7.4.2011. However, later on, the petitioner was expelled from the Bahujan Samaj Party on 28.11.2011. Before expulsion, the security provided to the petitioner was reduced from 'Y' to 'X' category by the impugned report dated 7.11.2011 followed by the Government order dated 23.11.2011.

(3.) While assailing the impugned order, Sri S.K. Kalia, learned Senior Counsel submits that from the material on record, there appears to be no difference with regard to threat perception. Further submission of the petitioner's Counsel is that after death of Dr. Vinod Arya and Dr. B.P. Singh, one other Deputy Chief Medical Officer Y.S. Sachan was succumbed injuries during his judicial custody in District Jail, Lucknow. Sri Kalia further submits that all three doctors met unnatural death in the State of U.P. because of N.R.H.M. and other Scam. He further submits that these two doctors (Dr. Vinod Arya and Dr. B.P. Singh) were shot dead because they were the key-witnesses in the investigation of the case which is pending with the Central Bureau of Investigation.