High Courts(2008) 12 AHC CK 0037

Najmul Hasan Ghani S/O Late Abdul Ghani vs State of U.P.Thru Secy.Home & Anr.

Allahabad High Court · Decided on 18 December 2008

HON’BLE JUDGES
Pradeep Kant, J and Shabihul Hasnain, J
RESULT
Allowed

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Judgment

7 paragraphs · 239 words

Shabihul Hasnain, J.

We have gone through the writ petition and have heard the counsel for the State.

The petitioner is Senior Vice President, Muslim Leagues. He says that since on every 6th December, he alongwith his Party Muslim league stages dharna and raise slogans, nonmuslim organisations are threatening him. He says that security for the aforesaid reason was provided to him on 17.2.02 and thereafter it was provided regularly on six months duration, which continued upto 12.7.07 but thereafter the same has been withdrawn.

The petitioner had earlier approached the Court for the same relief by filing Writ Petition No. 233 (MB) of 2008. The High Court vide its order dated 10.1.08 observed that the grant of security lies within the jurisdiction of the State Government and the High Court can hardly interfere in such matters, unless exceptional case is made out. The State Government was, therefore, directed to consider the application of the petitioner in accordance with the norms.

The State Government has considered the application and on 15.4.08 passed an order that the District Magistrate/Senior Superintendent of Police and also the Committee concerned have not recommended for grant of security. The said recommendation has also been considered by the High Level Committee and since there is no special threat of life to the petitioner, the security need not be granted.

We, under the circumstances, cannot issue a direction for providing security.

The writ petition is dismissed.