G. SURYANARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondent authorities in withdrawing security cover of (3+3) and not considering the request of the petitioner to provide the security cover of (3+3) or on payment keeping in view of the existing high threat to the life of the petitioner from his political rivals and extremists as illegal, arbitrary and to pass other orders.

(2.) As per the averments in the affidavit, the petitioner is an ex- member of legislative assembly of Dharmavaram constituency, Ananthapuram District and he is permanent resident of Ananthapuram District and is a class-I contractor and also having quarry business at Ananthapuram. Earlier the father of the petitioner was murdered by political opponent due to faction rivalry in Ananthapuram District and hence basing on threat perception he made an application for providing gunman (2+2) in the year 1994 and accordingly, the same was provided to the petitioner till 2007.

(3.) In the year 2009, the petitioner contested assembly elections from Dharmavaram as MLA and secured 42,000 votes and due to political rivalry in the district between the then ruling Congress and Telugu Desam Party (for short TDP) due to faction in the district, the petitioner constrained to join TDP at that point of time and several followers belonging to the petitioners were murdered by rival group. Due to said instance he made an application for grant of security and more security could be provided by the Government and hence the petitioner has engaged private gun man. As a policy matter the private gun men were not allowed in the State of Andhra Pradesh, the petitioner has filed an application before the Human Rights Commission, Hyderabad by filing H.R.C.No.5294 of 2009 and by its order dtd. 1/8/2009 directed R3 herein i.e. Superintendent of Police not to disturb the private security which has been engaged by the petitioner. Subsequently the commission has called for report from R3 and Deputy Superintendent of Police, Ananthapuram to continue the same arrangements of allowing private security guards to the petitioner.