RAMESH SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both the learned Counsel; Shir S. M. Gupte for the petitioner and Advocate General Shri C. J. Sawant, for the respondents.

(2.) THIS petition, as initially filed, sought the relief of a writ of mandamus against respondent nos. 3 and 4 viz. Commissioner of Police and Additional Commissioner of Police, Mumbai directing them to protect the petitioner's life by providing armed police security guard round the clock. Prayer (b) in the petition is for a similar direction to respondent nos. 3 and 4 to take such adequate measures/steps as may be necessary to protect the petitioner's life.

(3.) THIS petition was filed on 6th April, 1999 and an order was passed on 12th april, adjourning the matter to 20th April, 1999 to enable the Public Prosecutor to obtain instructions. Thereafter the matter was heard on 20th April, 3rd May, and on 5th May, 1999, when this Court passed an order setting out the facts and holding that the petitioner had made out a prima facie case. Rule was issued on 5th May, 1999. Which was made returnable peremptorily on 14th June. 1999. When the petition was taken up for hearing on 26th June, 1999, it transpired that two orders passed earlier granting police protection to the petitioner, namely, orders dated (i)2nd September, 1998 and (ii) 16th April, 1999 were cancelled by the State Government on 5th May, 1999. State Government's contention was that, the two orders were passed in contravention of the relevant circular and guidelines and hence the State government thought it fit to cancel the said orders, even while the petition was being heard in this Court for the enforcement of the said orders. In view of this rather unusual development, the learned Advocate General appeared before us on 26th August, 1999 and sought time to enable the Deputy Chief Minister to file an affidavit explaining the circumstances in which the orders dated 2nd September, 1998 and 16th April, 1999 were cancelled. Accordingly, the matter was adjounred to 9th September, 1999. Apart from the other pleadings, to which we will refer in brief, it must be mentioned at this stage that, on 31st August. 1999, the Deputy chief Minister Shri Gopinath Munde made an affidavit explaining the circumstances in which it was thought fit to cancel the earlier orders dated 2nd September, 1998 and 16th April, 1999 granting police protection to the petitioner. The Deputy Chief minister has stated that there was no intention to overreach this Court or to show disrespect to this Court and has expressed his regrets for having dealt with the matter during the pendency of the writ petition in this Court for enforcement of the very same orders. We will deal with this aspect of the matter at the end.