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No one can claim as a matter of legal right to be given a particular security cover.

Raj Kumar Makkad ,
  21 December 2010       Share Bookmark

Court :
Delhi High Court
Brief :
Up gradation of the security cover & the role of Couts
Citation :
Shri Ashwini Kr. Chopra Vs. Union of India & Ors. (Decided on 16.12.2010) MANU/DE/3479/2010

The duty of the court while exercising power under Article 226 is also to see whether it can substitute the decision. It is also obligatory to see whether it suffers from any kind of unreasonableness or unfairness. Grant of security cover is within the executive domain. The authority granting the security cover after considerable lapse of time studied the ground reality and have taken a decision that the appellant need not be put in Z+ category but can be brought to Z category. The executive is in best know of when and what sort of security cover be granted to a particular person. No one can claim as a matter of legal right to be given a particular security cover. True it is, it is a part of good governance to maintain law and order, and an orderly society is the backbone of good governance. Rule of law prevails where the law and order situation is treated as the spine of administration. But when an individual requires a particular category of security, he cannot put the blame on the executive that the law and order is not maintained or his life is in danger.

 
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Published in Constitutional Law
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