ABHISHEK TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the petitioner, impugning the order dated 27th April, 2021, wherein the decision of the High Level Committee dated 16th April, 2021 regarding refusal to provide the petitioner personal security was communicated to the Commissioner of Police, Lucknow and vide communication dated 5th May, 2021 the said decision was communicated to the petitioner.

(2.) Initially, the petitioner submitted a representation dated 19th December, 2020 to the Additional Chief Secretary, Home, for providing him personal security. A report, regarding threat perception to the petitioner, was called upon from the Commissionerate Security Committee, Lucknow for consideration by the State Level Security Committee. The Joint Secretary, Home, on the basis of the recommendation of the Commissionerate Security Committee, Lucknow vide letter dated 19th December, 2020, ordered for providing one gunner on State expenses as personal security to the petitioner as an interim measure in anticipation of decision taken by the State Level Security Committee.

(3.) The aforesaid decision dated 19th December, 2020 for providing personal security to the petitioner, as an interim measure, for six months, provided that the report/recommendation in the prescribed format should be provided by the Commissionerate Security Committee, Lucknow regarding real threat perception to life of the petitioner for consideration by the State Level Security Committee. The Commissionerate Security Committee, Lucknow, after two months i.e. on 13th February, 2021 re-assessed the threat perception to life of the petitioner in light of Government Orders dated 9th May, 2014 and 10th July, 2020 and, it was found that there was no threat perception to life of the petitioner. The report/recommendation was submitted to the State Government on the aforesaid subject matter.