IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.17 of 2009 KALI PRASAD PANDEY SON OF LATE RAM EQWAL PANDEY, RESIDENT OF VILLAGE BHOJCHHAPAR ( RAMJITA) P.S. BISHAMBHARPUR, DISTRICT GOPALGANJ ---- PETITIONER. Versus 1. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. HOME COMMISSIONER CUM SECRETARY, GOVERNMENT OF BIHAR, PATNA. 3. DIRECTOR GENERAL CUM INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 4. I.G. (ADMINISTRATION), BIHAR, PATNA. 5. DISTRICT MAGISTRATE, GOPALGANJ 6. ADDITIONAL COLLECTOR, GOPALGANJ 7. SUPERINTENDENT OF POLICE, GOPALGANJ --- RESPONDENTS. ----------- 3/ 01-05-2009 The case of the petitioner is that he has been representing the District of Gopalganj in Legislative Assembly and in Lok Sabha since 1980. The District Security Committee, vide its decision dated 20.10.2008, decided that the security guard can be provided to the petitioner on payment basis. The case of the petitioner is that there is no provision to ask for payment from a person against whom there is threat perception. Considering the facts and circumstances of the case, I am of the opinion that a large number of people want security and therefore, it cannot be said that the petitioner be provided a security guard at state expenses. It is true that there is no provision in law to grant security guard on payment basis but there is no provision compelling the State to grant security guard to each and - 2 - every person whom there is threat perception. It is the duty of the police to see that the law and order is protected. In a petition under Article 226 of the Constitution of India, it is not proper to direct the Government to grant security guard to the petitioner at State expenses. Since respondents have agreed that he shall be provided a security guard at his own expenses, on his petition accordingly he can get for the same if he opts for it. If the petitioner feels danger of his life and property, he can approach the police and Police shall see that his life is not endanger and petitioner also shall not indulge in criminal activity. With the aforesaid observation, this writ petition is disposed of. ( J. B. Koshy, CJ ) BTiwary/