LAWS(ALL)-2006-7-167

HAZI RAIS Vs. STATE OF U P

Decided On July 03, 2006
Hazi Rais Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THIS writ petition has been filed seeking a direction to the respondent State authorities to provide a gunner to the petitioner for his security.

(2.) PETITIONER claims that he is an Editor of the newspaper 'Khozi Hui Khabrein' and for that purpose, he travels and collects news from various places in Kanpur region. Due to outstanding activities of the petitioner's newspaper, several criminal minded persons are behind him and may hatch a plan to kill his entire family because the petitioner has always published the correct news against them. As the petitioner has been receiving continuous threats to his life and the lives of his family members as well as his property, he made an application to the State Government for providing a gunner for safety and security. Considering his need bona fide, in March 2005, he was given a gunner at the cost of 25 percent, who continued with him from 24.03.2005 to 23.04.2005, i.e. only for a period of one month. Again, the respondent State Authority asked the petitioner for deposit of a sum of Rs. 3,512/ - for the future period and the security guard was given to him for further period of one month. However, it had been withdrawn in May, 2005. Since then, the petitioner has been making representations for the security and there has been reports by the State Authorities, particularly the Review Committee at the district level that the petitioner may be provided a gunner at 100 percent cost but he has not been provided the gunner. The petitioner is entitled for a gunner free of cost as his life is in danger and he has been making representations for receiving continuous threat from anti -social elements and political persons against whom the petitioner had published news in his weekly newspaper and he is apprehending danger to his life as well as the lives of other family members. Hence the present petition for providing a gunner at the cost of the State exchequer.

(3.) SHRI C.K. Rai, learned Standing Counsel appearing for the respondents has opposed the writ petition contending that till today, the petitioner has not lodged any F.I.R. against any criminal or politician, nor he has made any statement in the petition as on what date he received the threat and who was the person who had threatened him and his family members. No incident has been reported or mentioned in the petition. Petitioner wants a gunner as a status symbol. Had there been any threat perception to him or to any of his family members, he could have definitely filed F.I.R. against those persons. Therefore, petition does not require any interference and is liable to be dismissed.