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ALLAHABAD HC EXPRESS ANGUISH OVER SECURIT PROVIDING SYSTEM 12/18/2008 The Allahabad High Court expressed its dissatisfaction and anguish on the system of providing gunners/security personnel to individuals in the matter it has been implemented, at the time when entire state is feeling under a difficult law and order situation and high risk due to large scale terrorist and other activities. A two Judge’s bench comprising Justice S R Alam and Justice Sudhir Agarwal has also observed that though the state is under a constitutional obligation to provide adequate security to each and every individual resident, the individual security may be necessary in a very few exceptional cases, but it cannot be at the cost of collective security of the common man, the Court said. Regarding the security to be provided to people having criminal history, the Court said, ‘If a person has indulged in criminal activities and thereby has enhanced perception of threat to his life and liability, he himself is responsible for the same, and cannot look to the state to provide him separate security at the cost of common cost when he himself is responsible for the enhancing threat perception de to his anti-social activities.’ If he is engaged in anti-social criminal activities, in our views, there is no justification to provide him security at the cost of tax payer society and common people of the state, the court added. Disposing of a number of writ petition, demanding personal security on the cost of state, the Court has said it may be appropriate for the government to look into the aspect of individual security afresh in the light of the judgment and if necessary to revise its policy by laying down appropriate guidelines. The Court has ordered to send state of UP, Principal Secretary (Home), government of UP and DGP, UP for its compliance. UNI
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