Dr. K.A. Paul vs The State of Telangana and 2 Others

HIGH COURT FOR THE STATE OF TELAN.GANA AT HYDERABAD ' 't\J' ' vYYr (Special Original Jurisdiction) FRIDAY ,THE SEVENTEENTH Dry 9J.J.UNE rWO THOUSAND AND TWENTY TWO PRESENT Betwee n: AND 1 Dr.

K.A.

Paul, S/o Sri K Barnabas' Aged 6of"ny, n.""iPeta, HYderabad - 16' 59 years, R/o.No.382, AParajitha ...PETITIONER The State of Telangana, Rep by its Principal Secretary' Home Department' Secretariat Hyderabad, Telangana' TheCommissionerofPolice,HyderabadCity'Hyderabad,Telangana.

The Station House Officer, S R'Nagar Police Station' Hyderabad' Telangana ...RESPONDENTS PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleasedtotoissueawrit,orderordirectionmoreparticularlyoneinthenatureof a writ of mandamus decraring the action of the 2nd Respondent in refusing to provide adequate security cover on irrelevant considerations vide Letter No'L and O/6/LO2I0659 t2022 DL31t0312022 as highly illegal' arbitrary exercise of power andviolativeofArt'2loftheConstitutionoflndiaandconsequentlydirectthe Respondents 1 and 2to provide adequate dedicated security cover forthwith to the petitioner 2 3 lA NO: 1 oF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to direct the 2nd Respondent to provide adequate security cover to me forthwith pending disposal of the above writ petition THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 25826 OF 2022 Counsel for the Petitioners: SRl.

G SINDHU Counsel for the Respondents: AGp FOR HOME The Court made the following: ORDER I THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.25826 of 2022 ORDER This writ petition is filed questioning the action of respondent No,2 in refusing to provide adequate security cover on irrelevant considerations vide Lr.

No.L & 0/6/1021065912022 daled 31-03-2022. as illegal and arbitrary.

2. itrary.

2.

Heard learned counsel for the petitioner Ms.

G.

Sindhu and learned Assistant Government Pleader for Home for the respondents.

3 Learned counsel for the petitioner submits that the petitioner has made a representation dated 05-03-2022 stating that there is a threat perception to him and sought for dedicated security cover and in response to the same, the Commissioner of Police, by the impugned proceedings dated 31-03-2022, has refused the said request and stated that the petitioner is mostly residing in USA and visits Hyderabad City only occasionally and hence, dedicated security cover is not being provided, however, it is advised that Hyderabad City Police and local police may be informed well before the visit of the petitioner and necessary security will be provided by the local police during his visits to Hyderabad City, depending upon the need, situation, local condition and other commitments, Learned counsel submits that again on 04-04-2022, another representation was given by the petitioner stating that the assessment of Commissioner of Police is 100% wrong -l -/ LKJ w P No25a26 ol 2A22 regarding the petitioner's security threat and stated that the petitioner will be living in Hyderabad fromOT-04-2022\il| 2024 elections and also stated that he will be visiting USA days at a time and PermanentlY and other countries for onlY few staying at H.No 382 APrajeetha Colony, Ameerpet, Hyderabad, and also stated that in the last few months, he was busy for Russain and Ukranian peace negotiations and hence, requested the Commissioner to reconsider and provide much needed security.

Learned counsel further submits that on 04-05-2022' when the petitioner has visited Baswapur Village' the villagers prevented him from entering into the village and also slapped him and as such, there is requirement for providing dedicated security cover' Learned counsel submits that in Spite of the said representation, the Commissioner of police has not taken any action and hence' the hence' the petitioner has come up before this Court' 4.

Learned Assistant Government Pleader for Home' on instructions, submits that even as per the case of the petitioner, he is constantly travelling outside the country and to other parts of the country.

By proceedings dated 31-03-2002' the Commissioner of Police has clarified that whenever the petitioner visits the place of Hyderabad and the place of his visit, they will take appropriate taken and provide arrangements He submits that for giving security cover' there should be a specific threat perception' which is not present in the case of petitioner and hence, he is not entitled for the said security As per the earlier representations, the present representation of petitioner LK, J W.P.No 25826 of 2022 and the proceedings dated 31-03-2022, it appears that the Commissioner of Police has considered the case of the petitioner and stated that they will provide appropriate security whenever the petitioner visits Hyderabad and other places of his visit.

It is also specifically stated that there is no threat perception to the petitioner for a dedicated security cover.

Hence, this Court finds no reason to interfere with the order dated 31-03-2022 passed by respondent No.2.

5.

Accordingly, the Writ Petition is dismissed.

No order as to costs 6.

Miscellaneous petitions, if any pending in this writ petition, shall stand dismissed.

J II dna nEoov SD/.P.P AS ADMANA SI \ ,TRUE COPY// STANLRE q2 SECTION GISTRAR OFFICER To, The Principal Secretary, Home Department' Secretariat Hyderabad' State of Telangana Telangana ' The Commissioner of Police' Hyderabad City' Hyderabad' Telangana' The Station House Officer' S R Nagar Police Station' Hyderabad' Telangana' One CC to SRl.

G SINDHU Advocate IOPUC] Two CCs to GP FOR HOME (TG) 'High Court for the State of Telangana' 1 3 4 5 louTl 6.

Two CD CoPies 7.

One spare coPY ^F SW HIGH COURT DATED:1710612022 ORDER WP.No.25826 of 2022 DISPOSING OF THE WP WITHOUT COSTS. p.

COSTS. p.a S'i'A r(- q c 0 E JilL 2022 ):r tl,: c P,AT CKIrC e--. <\ ir' b f