SANJAY GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Goswami, learned senior counsel along with Mr. K Goswami, learned senior counsel assisted by Mr. A. Shandilya and Ms. A. Neog, learned counsel for the writ petitioner. Also heard Mr. D. Mazumdar, learned Additional Advocate General, Assam, assisted by Ms. S. Sarma, learned Government Advocate, Assam, appearing for the respondents.

(2.) The writ petitioner herein is a businessman by profession. In connection with his business activities, the petitioner is frequently required to travel to various remote areas of North Eastern Region (NER) including parts of the State of Arunachal Pradesh, which was earlier regarded as extremist infested area. As such, the petitioner used to be exposed to threat to his life. Taking note of such threat perception of the petitioner, he was earlier provided with the Personal Security Officer (PSO) by the State of Assam in the year 2007 which was continued from time to time. That apart, in view of the threat perception, the Government of India, through the Ministry of Home Affairs (MHA) had also issued a 'gun license' to the petitioner on 27/05/2015 allowing him to carry a 9mm Pistol for his self protection. The said Pistol license had subsequently been extended by the MHA, making it valid till 05/06/2026. Notwithstanding the same, on 20/07/2023, the PSO attached to the petitioner was abruptly withdrawn by the State without any prior intimation to the petitioner or assigning proper reason thereof.

(3.) According to the writ petitioner, the sudden withdrawal of the PSO has exposed him and his family members to serious risk of life, thus, infringing upon the right to life guaranteed to the petitioner under Article 21 of the Constitution of India. As such, the instant writ petition has been filed seeking a Writ of Mandamus inter-alia directing the State to restore the PSO to the petitioner until such time, the threat to his life subsides.