JITENDRA SURESH DABHOLKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition preferred under Article 226 of the Constitution of India the petitioner has prayed that this court be pleased to issue a writ of mandamus or any other appropriate writ or direction in the nature of writ of mandamus directing the respondents to provide police protection to the petitioner throughout day and night.

(2.) WE have heard Mr. P.M. Pradhan for the petitioner and Mr. C.J. Sawant, Advocate General, with Mr. R.L. Patil for the respondents. We have also perused the averments in the petition and the affidavits filed by the parties.

(3.) SO far as the grievance of the petitioner that persons similarly situated have been granted police protection and the police protection which was initially granted to the petitioner was subsequently withdrawn for untenable reasons is concerned, the same has been replied to in two detailed affidavits filed on behalf of the respondents; affidavit dated 15th July 1997 of P. G. Kurse, Secretary to the Government of Maharashtra, (Appeals and Security), Home Department, Mantralaya, Mumbai and affidavit of C. Prabhakar, Deputy Commissioner of Police, Protection Branch, SBI, CID, Mumbai Commissionerate, Mumbai dated 18.8.1997. We find the reasons disclosed in the said affidavits to be perfectly tenable.