THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.27822 of 2009 Dated:23.12.2009 Between: T.Ramakoteswara Rao. …Petitioner and The Government of Andhra Pradesh, Rep.by its Prl.Secretary, Home Department, Secretariat, Hyderabad, And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.27822 of 2009 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) The petitioner is an Advocate practicing in this Court. Probably, perturbed by the political events that the State of Andhra Pradesh is witnessing in this month, he invoked Public Interest Litigation jurisdiction of this Court seeking a writ of mandamus declaring the inaction of the respondents, namely, Principal Secretary, Home Department, and Director General of Police (DGP) in taking action against unlawful activities. We have heard the petitioner/Advocate who appeared in party-in-person and expressed his agony and anguish about things going around in the State as he perceives. It is not necessary to give the details of his grievances. Suffice to mention that in the movements launched in different parts of the State with rival claims between diabolically opposite competing groups the Government has become a mute spectator and allowed bandhs, raasta rokos, rail rokos, etc. He also annexed the newspaper stories in support of his allegations. While exercising powers under Article 226 of the Constitution of India this Court cannot issue mandamus making vague declarations as to law and order, national security, people’s safety and protection of property. This Court also cannot issue a mandamus, which cannot be enforced notwithstanding the fact that it shall be the constitutional duty of the State to protect the life of the people and property of the people as a manifestation of good governance. The learned Government Pleader for Home has placed before this Court copies of DGP’s Circular Memorandum dated 12.12.2008 dealing with the precautions to be taken in connection with bandh organized by political parties and two radio messages on 18.12.2009 and 20.12.2009 issued by the Chief’s Office. The fax/radio message dated 20.12.2009 is relevant, and reads as under. PLEASE REFER PRESENT PHASE OF AGITATION (.) IN EVERY INCIDENT OF VIOLENCE AND TRANSGRESSION OF LAW, SPECIFIC CRIMINAL CASES MUST BE REGISTERED WITHOUT DELAY WITH FULL DETAILS OF THE INCIDENT AND PROPER SECTIONS OF LAW SHOULD BE APPLIED (.) ARREST OF ACCUSED MUST BE PROMPT AND IMMINENT (.) THE FIELD OFFICERS MUST BE SPECIFICALLY WARNED AND THEY WILL BE PERSONALLY HELD RESPONSIBLE FOR NOT TAKING PREVENTIVE ACTION IN THEIR JURISDICTION (.) THEY WOULD ALSO BE RESPONSIBLE FOR TAKING IMMEDIATE ACTION INTO THE INCIDENTS (.) IF ANY OFFICER FAILS TO DISCHARGE HIS/HER DUTIES PROMPTLY, IMMEDIATELY DISCIPLINARY ACTION MAY BE TAKEN AGAINST HIM/HER (.) SPs MUST PERSONALLY MONITOR AND ENSURE APPLICATION OF THESE INSTRUCTIONS (.) CHIEF OFFICE WILL REVIEW THE PERFORMANCE OF EACH SP/CP IN THIS REGARD ON DAILY BASIS (.) A reference may be made to fax/radio message, dated 22.12.2009, which reads as below. REFER THIS OFFICE FAX MESSAGE OF EVEN NO. DAED 10-12- 2009 AND 16-12-2009 REQUESTING RETENTION OF CRPF/CISF COYS UP TO 24-12-2009 IN ANDHRA PRADESH (.) THE POLITICAL TENSIONS IN THE STATE HAVE ACCENTUATED DURING THE LAST FEW DAYS GIVING RISE TO ENHANCED AGITATIONAL PROGRAMMES BY DIVERSE POLITICAL PARTIES, STUDENT ORGANIZATIONS, PROFESSIONAL ASSOCIATIONS ETC. (.) THE PRESENT SITUATION HAS NECESSITATED CONTINUOUS DEPLOYMENT OF POLICE FORCE TO MAINTAIN PEACE, LAW AND ORDER AND TO SAFEGUARD LIFE AND PROPERTY (.) AS THE CURRENT SCENARIO IS LIKELY TO LAST FOR FEW MORE DAYS, IT IS REQUESTED TO PERMIT RETENTION OF PARA MILITARY FORCES ALLOTTED TO ANDHRA PRADESH TILL 02.01.2010 (.) REQUEST EARLY FAVORABLE ORDERS (.) In addition to the notifications emanating from the Office of DGP, learned Government Pleader has also placed before this Court the particulars of deployment of regular Police Personnel belonging to CRPF, CISF, RAF, KSP and also district wise deployment particulars. Therefore, though we are not inclined to go into the efficacy or adequacy of these measures, we are convinced that the State is already at the job. If any specific instance of flouting these instructions or contraventions of provisions of criminal law are noticed by the petitioner, he may approach the Police for necessary redressal. The Writ Petition, with the above observations, is accordingly dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) ________________ (B.N.RAO NALLA, J) 23.12.2009 vs