HC Refuses To Direct UP Govt To Enhance Security Cover Of MLC Swami Prasad Maurya
The Allahabad High Court has dismissed the plea of Swami Prasad Maurya, Member of State Legislative Council, seeking directions to UP Government to provide him enhanced security cover.
The bench of Justice Devendra Kumar Upadhyaya and Justice Om Prakash Shukla noted the submissions of the Counsel for the State who stated that the matter relating to his security was considered by the Commissionerate Level Committee which did not find it appropriate to enhance the security.
“In view of the aforesaid, this writ petition has been rendered infructuous which is hereby dismissed as such.”, the Court held.
The Court kept it open for the petitioner- Swami Prasad Maurya to challenge the decision of the Commissionerate Level Committee before any appropriate court/forum.
“However, notwithstanding dismissal of this writ petition, if the petitioner is in any manner aggrieved by the decision of the Commissionerate Level Committee, dated 22.03.2023 it would be open to him to challenge the same before any appropriate court/forum.”, the Court said.
Advocate Abhay Pratap Yadav appeared for the petitioner and Advocate Manish Mishra appeared for the State-respondents.
In this case, the petitioner had prayed for issuing an appropriate order or direction to the respondents to provide him security for protecting his life and liberty by enhancing the security to Y or Z Category.
The counsel for the petitioner had submitted that though the petitioner has been given the security comprising of two gunners, however, in view of the threat perception to his life the said security is inadequate. According to the counsel for the petitioner, he is constantly under threat.
The State counsel submitted that threat perception is to be assessed firstly by the Commissionerate Level Committee and thereafter, based on evaluation of the threat to the life and liberty/property of any individual, decision is to be taken.
He further stated that the matter relating to the petitioner's security was considered by the Commissionerate Level Committee which, in its meeting, did not find it appropriate to enhance the security which the petitioner has already been provided.
Cause Title- Swami Prasad Maurya v. State Of U.P. & 3 Ors