Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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BACKGROUND

  • The State Government of Uttar Pradesh provided a gunner to the petitioner/lawyer for security on state expenses in 2020 as personal security for an interim period on the decision of the State Level Security Committee.
  • While the order was still pending, the Commissionerate of Security Committee passed another order recommending the withdrawal of the security, and the same was implemented by the State Level Security Committee and the security was removed.
  • The petitioner challenged the order of the State Level Security Committee before the Allahabad High Court seeking personal security.

SUBMISSIONS

  • The petitioner stated that the impugned order was arbitrary and mala fide and illegal.
  • He also stated that he was pursuing several civil and criminal cases against the Government and hence the security was taken back from him with wrong intentions.
  • The State submitted that the Commissionerate of Security Committee had recommended that the petitioner had no real threat to his life and the High-Level Security Committee at the State Level had agreed with the order of Commissionerate.

ORDER

  • The bench of Justice D. K. Singh observed that the petitioner was seeking personal security only to flaunt his VIP status and therefore dismissed the petition challenging the order of the State Level Security Committee.
  • The Court noted that a person or a political personality cannot seek security from the State on the ground that it faces threat due to some private dispute.
  • The State observed that in the instant cases, no occasion was mentioned based on which it could be shown that the petitioner had a threat to his life or property.

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