RAMVIR UPADHYAY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By virtue of this writ petition, the petitioner-Sri Ramvir Upadhyay, presently a Member of Legislative Assembly of Uttar Pradesh and an ex-Cabinet Minister, has prayed for a writ in the nature of Mandamus commanding the respondents to provide to him 'Z+' security. An another writ in the nature of Mandamus is also sought for, restraining the respondents from withdrawing the 'Y' scale security provided to him until provision for 'Z' security is made.

(2.) Briefly stated the facts giving raise to this writ application may be recapitulated as below:-

(3.) The petitioner is a sitting M.L.A. from Bahujan Samajwadi Party having contested and won the election from Hathras Assembly Constituency of the then District Mahamaya Nagar, which has recently been abolished and merged in the district of Aligarh. In May, 2002, he was sworn in as a Cabinet Minister with the portfolio of 'Power and Energy'. Looking to the persisting threat perception and several past attempts made on his life, he has been continuously demanding for the 'Z' category protection but the State Government in the year 2002 had taken a decision to provide to him in his individual capacity the 'Y' category security only.