KALI CHARAN SONKAR Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is directed to delete opposite party no.5 from the array of the parties. Heard Sri S.K. Yadav 'Warsi', learned counsel for the petitioner, Sri D.K. Upadhyay learned Chief Standing Counsel for opposite parties no.1, 3 and 4 and Sri O.P. Srivastava, learned counsel for opposite party no.2, who pray for and are granted three weeks' time to file counter affidavit. THE petitioner has alleged that he is the President of Indian Justice Party of the State of U.P. which is a registered political party with the Election Commission of India. Learned counsel for the petitioner submits that one candidate of the Indian Justice Party from Jaunpur Lok Sabha Constituency was found hanging on a Babool tree in Jaunpur on 13.4.2009. He further submits that the petitioner and other members of the Indian Justice Party are facing continuous life threat from Mafias belonging to Bahujan Samaj Party. He further submits that on 01.03.2009 a request was made to the Principal Secretary, Home, U.P., Lucknow for providing adequate security to the members of the Indian Justice Party, U.P. but till date no security has been provided by the State Government. Learned Chief Standing Counsel, on the basis of the instructions, submits that on 23.4.2009 one Gunner facility has been provided to the petitioner during the Lok Sabha Election 2009. He further submits that a communication dated 15.4.2009 was sent by the Inspector General of Police, Varanasi Zone, to the Superintendent of Police, Jaunpur that whenever Sri Kali Charan Sonker, President of Indian Justice Party of the State of U.P. and Dr. Udit Raj, National President of Indian Justice Party visit district Jaunpur, one Gunner facility for 24 hours be provided to them. We have considered the submissions made by the learned counsel for the parties and gone through the record. THE petitioner has alleged that he is the President of Indian Justice Party of the State of U.P. THE petitioner has further alleged that Indian Justice Party is a political party which is registered with the Election Commission of India. THE petitioner has also alleged that he being the State President of Indian Justice Party is convening public meetings and rallies all over the State of U.P. during the on going Lok Sabha Election 2009. THE petitioner has also alleged that late Sri Bahadur Sonkar, who was a candidate from Jaunpur Lok Sabha Constituency was found hanging on a Babool tree in Jaunpur on 13.4.2009. THE grievance of the petitioner is that in spite of the representations, the State Government has not provided adequate security. Learned Chief Standing Counsel has placed before us a copy of the order dated 23.4.2009 by which one Gunner facility has been provided to the petitioner who is the President of Indian Justice Party, U.P. Learned Chief Standing Counsel has also informed us that a communication was also sent by the Inspector General of Police, Varanasi to the Superintendent of Police , Jaunpur, Superintendent of Police, Chandauli, Superintendent of Police, Gazipur that whenever the petitioner and Dr.Udit Raj visit the districts Jaunpur, Chandauli and Gazipur one Gunner facility for 24 hours may be provided to them. Since the petitioner has alleged threat perception, we direct the State Government to provide adequate security to the petitioner during the Lok Sabha Election 2009. List this petition in the week commencing 25.04.2009.