S M SIBGHATULLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The prayer of the petitioner in paragraph-1 of the writ petition reads as under:

(2.) It is contended that the petitioner being Ward Councilor of Darbhanga Nagar Nigam in Ward No.24 was receiving threat from his political enemies for which he made repeated request before the authority concerned to provide adequate security. On 18.4.2010, an attempt to kill the petitioner was made and in that incident he had sustained gun shot injuries. He was brought to D.M.C.H. for treatment and on account of his serious condition, he was referred to P.M.C.H., where, he was under treatment for few days and thereafter, he was discharged. For the said incident Laheriasarai P.S. Case No.147 of 2010 was instituted under sections 307, 326 and 120B read with 34 of the Indian Penal Code against the accused persons named therein. After the said occurrence the district administration provided him armed security guard for protection of his life. However, during last assembly election the security guard provided to him was withdrawn vide Memo No.2750 dated 10.10.2010 issued under the signature of the Superintendent of Police, Darbhanga but subsequently the armed security guard was again restored to him after the assembly election concluded. On 7.11.2011, the security guard provided to him was again withdrawn.

(3.) Learned counsel for the petitioner submits that the order dated 7.11.2011 was passed pursuant to a decision taken by the District Security Committee in a meeting held on 14.10.2011. He submits that the petitioner is being constantly pressurized by the accused persons of the aforesaid criminal case to withdraw the case. The petitioner has filed a petition in this regard before the learned Chief Judicial Magistrate as well as the concerned authorities in the police department.