VIRESH SANDLEY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner claims to be the President of the Haryana Pradesh Unit of All India Anti-Terrorist Front (hereinafter referred to as "the front"). He is stated to be the Incharge of Jammu and Kashmir. In the capacity of the President of the front, the petitioner has been organising rallies in Haryana, Punjab and Jammu & Kashmir to apprise the people to fight against the menace of terrorism. On 26.1.2002, the petitioner had held a demonstration against the activities of Pakistan and burnt the flag of Pakistan and effigies of terrorist groups such as Laskare Toyaba, Jaise Mohammad, Al-Quaida etc. etc. This was to enlighten the people about the menace of terrorism as well as to protest against the training and arming of terrorists by Pakistan. The petitioner had started receiving threats on telephone from the fundamentalists and persons from terrorist groups. The President of the All India Anti-Terrorist Front Mr. M.S. Bitta wrote a letter to the Director General of Police, Haryana on 31.1.2001. He requested that the petitioner be provided a personal security guard to enable him safe movement in the hazardous work he is doing. Mr. Bitta also informed that All India Anti-terrorist Front is a purely voluntary and non-political organisation. It has been pointed out in the petition that the petitioner had visited the terrorist effected families in March, 2002. Thereafter the threats to the petitioner had increased. In July, 2002, the petitioner undertook anti-terrorist 'Rath Yatra' from Delhi to Srinagar. During the course of this Rath Yatra, he burnt the flag of Pakistan, effigies of terrorist organisation. Wide publicity had been given to the activities of the petitioner. Inspite of high security risks, the respondents have failed to give any security-cover to the petitioner.

(2.) A written statement has been filed by the respondents. It has been stated that the petitioner had earlier filed Criminal Writ Petition No. 32865-M of 1998 on similar grounds. This writ petition was dispose of on 3.12.1998 with a direction to the respondents to decide the application of the petitioner, (Annexure P/1 to the aforesaid writ petition) expeditiously but not later than one month from the receipt of certified copy of the order. Consequently, the application of the petitioner was disposed of with a detailed speaking order vide office order No. 669 dated 6.1.1999. Copy of this order has been attached as Annexure R1. In this order, the Superintendent of Police, Ambala has observed that necessary enquiries have been made. The petitioner had also claimed to be a Journalist/Press Correspondent. It was however, found on enquiry that the petitioner is not an accredited Press Correspondent of Haryana Government. It was also observed that a perusal of the visiting card of the petitioner shows that he claims himself to be an active member of many other organizations. The local police and Security branch made enquiries in all these aspects and they have recorded statements of a large number of people. The Superintendent of Police came to the conclusion that the claims made by the petitioner are not genuine. Rather, he has made himself self-style office bearers of the so-called organizations. The Superintendent of Police was further of the opinion that the petitioner seems to be running a private concern and has nothing to do with any genuine organisation. Another plea, which had been taken by the petitioner to the effect that his life was in danger because of the threats having been extended by his neighbours namely Shri Subhash Mehta, Sanjiv Kumar, Kuldeep Uppal and Kiran Ku-mar etc., had been found to be false. It is also noticed that a number of complaints/criminal cases are pending against both the parties. The Superintendent of Police came to the conclusion as follows:-

(3.) The respondents have attached a list of cases registered against the petitioner and their present stage, as Annexure R2 which may be reproduced for Teady reference:-