IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT HON’BLE THE ACTING CHIEF JUSTICE T.MEENA KUMARI & HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT APPEAL No.100 of 2010 Between: The Government of Andhra Pradesh, represented by its Principal Secretary (Home) Department, A.P. Secretariat, Hyderabad and others. … Appellants And U.Anitha D/o Saraiah and others … Respondents HON’BLE THE ACTING CHIEF JUSTICE T.MEENA KUMARI & HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT APPEAL No.100 of 2010 JUDGMENT: (PER HON’BLE THE ACTING CHIEF JUSTICE T.MEENA KUMARI) This is an appeal filed against the order dated 15.02.2010 passed in W.P. No.3220 of 2010 by the learned single Judge of this Court, wherein the writ petitioners, who are Post-graduate girl students and one boy, who is Ph.d., Scholar in Political Science, filed writ petition seeking to declare the action of the respondents 1 to 3 therein, in continuing the Rapid Action Force in the Osmania University Campus, without proper permission, and using forces, including firing on the students, and media personnel on 14.02.2010, as arbitrary and illegal for which, the learned single Judge of this Court passed the following interim order as under: (a) “Respondent Nos.2 and 3 shall forthwith ensure that the entire Para-Military Forces and Special Forces, with the tents and barricades put on the University Campus and at the Gates, are withdrawn today itself. (b) Adequate number of Civilian Police shall be deployed in the University Police Station, and they shall be entitled to cause necessary verification, as to whether any outsiders are residing in the Hostels. They shall inspect the hostels, only when requested by the University, and they shall be accompanied by the Officials of the University. (c) If any untoward incident occurs in the university, it shall be open to the Civilian Police to handle the situation, and they shall require the deployment of additional forces with the specific permission of the Vice- Chancellor, only when the situation goes out of control. For the purpose, the arrangement shall be done strictly under the personal supervision of the Commissioner of Police and no other Officer; (d) On their part, the students shall not disturb any classes that are going on, or for that matter, the examinations, and if they resort to acts of criminal intimidation or violence, they shall be liable to be prosecuted in accordance with the relevant provisions of law. (e) The University shall be entitled to provide its own security to regulate the entry of vehicles or individuals into the Campus.” The learned Advocate General, appearing on behalf of the petitioners, submitted that the order of the learned single Judge is bad in law and contrary to the facts and probabilities. He also submitted that deployment of the Rapid Action Force in Osmania University area was necessary in the interest of law and order and the steps taken by the Police were necessitated because of the violence created by the students. He further submitted that the Rapid Action Force was deployed to review and assess the situation and restrict the outsiders from taking undue advantage to reside in the hostels. Therefore, interference of the Court, in maintenance of law and order, is unwarranted, as it is with the realm of the State. The learned counsel for the respondents submitted that lot of problems are created by deployment of Para-Military Forces and Special Forces and at present it is causing problem to the students. As the students, including lady students, were beaten indiscriminately and rubber bullets were fired, they received injuries and they were admitted into the hospital and further their movements are restricted in the Campus area. It is also submitted that the Police had entered into the hostel rooms, switched off the lights and shelled the teargas due to which many students had fallen sick and thus the students are reaming under insecurity. Heard the learned Advocate General and the learned counsel for the respondents. It is to be noticed that the emergent situation, as described by the Advocate General, may be prevailing as on the date of deployment of Rapid Action Force personnel. But, as per the submissions of the counsel appearing on record, the present situation in the Osmania University appears to be peaceful and further it is not the case of the appellants that because of the failure on the part of the State Police, deployment of Rapid Action Force personnel was necessitated. Further, there is no material on record to show under what circumstances the deployment of Rapid Action Force personnel would be resorted to. No doubt, as contended by the learned Advocate General, this Court under the writ jurisdiction cannot interfere with the maintenance of law and order, which is within the realm of the State, but in this case there are serious complaints with regard to violation of the human rights and as observed by the learned single Judge, there is no sufficient material on record justifying the deployment of Rapid Action Force, continuously in the University Campus. The other fact is that the Osmania University Campus road is one of the peaceful and decent link roads between the two cities of Secunderabad and Hyderabad. The personnel of Rapid Action Force have restricted the use of said road by the general public. Therefore, closure of the Osmania University Campus road is causing inconvenience not only to the students, but also to the general public, who are using this road as thoroughfare. We see some force in the arguments of the learned counsel for the respondents that the situation in the Osmania University, Hyderabad city is peaceful and there is no need for the paramilitary forces to be continued. Therefore, in view of the above fact and also the circumstances narrated by the learned counsel appearing for the respondents/writ petitioners, which are not seriously disputed and which is also telecasted in the electronic media, as submitted by the counsel, we are of the considered view that the continuance of the Rapid Action Force in the Osmania University campus would further frustrate the situation and hence their presence, as of now, is not desirable. Moreover, the orders of the learned single Judge are interim in nature and the writ petition is coming up for hearing on 22.02.2010. Under the above facts and circumstances we are not inclined to interfere with the reasoned interim order of the learned single Judge and the writ appeal is devoid of any merit and the same is dismissed. There shall be no order as to costs. _______________________ T.MEENA KUMARI, ACJ _____________________ G. CHANDRAIAH, J Date: February, 16th 2010 LSK/AVS