IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.14828 of 2004 Between: M.Devendar Rao S/o. Rama Rao Veeraboinapally Village, Dindi (Gundlapally) Mandal Nalgonda, Nalgonda District. ..... PETITIONER AND 1 The Principal Secretary, Home Department Government of Andhra Pradesh Secretariat Buildings, Hyderabad. 2 The Director General and Inspector General of Police Andhra Pradesh, Hyderabad. 3 The Inspector General of Police (Intelligence) Andhra Pradesh, Hyderabad. 4 The Deputy Inspector General of Police Hyderabad Range, Andhra Pradesh, Hyderabad. 5 The Superintendent of Police Nalgonda, Nalgonda District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction particularly one in the nature of writ of mandamus declaring the action of the respondents in withdrawing the security of Gunmen to the petitioner without giving any notice or apportunity and basing on political considerations is arbitrary, unreasonable and consequently direct the respondents not to discontinue the Security of Gunmen to the petitioner in view of continuous threat from the Peoples War Group (Naxalities) and to pass. Counsel for the Petitioner:MR.G.TUHIN KUMAR Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{MPL} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.14828 of 2004 ORDER: It is the case of the petitioner that he is the resident of Veeraboinapally village, Dindi Mandal of Nalgonda District and he was also elected as Chairman of the Agricultural Market Committee, Devarakonda in the month of September, 2000 and continued upto the year 2003 and he was also elected as Sarpanch of the said Veeraboinapally village in 2001 and he has been in the active politics since 20 years. It is stated that there was a threat from the Peoples War Group to the petitioner and they have given several warnings to the life of the petitioner and therefore, on a representation made by him for providing security of gunman for protection of his life, a gunman was provided in 2001 itself. Thereafter, without any justification whatsoever, the gunman was sought to be discontinued and therefore, he has filed the present writ petition for continuation of the security of gunman in view of continuation of threats from Peoples War Group. A counter has been filed stating that as per the orders of the Government in G.O.Rt.No.655, dated 13.03.1997 certain guidelines have been issued indicating that private persons may be provided individual security on threat perception, and as per the threat perception report, presently there is no threat to the petitioner from any individual or group of Peoples War extremists, and as such the security was withdrawn. But pursuant to the interim orders of this Court alone, the security has been continued. It is further stated that as per the State level Security Review Committee proceedings pursuant to the guidelines issued in G.O.Rt.No.655, dated 13.03.1997, the Security Review Committee has decided to withdraw security to 277 individuals including the petitioner. After filing the said counter in September, 2004, it is stated that the Security Review Committee reviewed the cases of several individuals with regard to threat perception and in so far as the petitioner is concerned, it is stated that there is no threat to the petitioner either from the Peoples War Group or CPI Maoists and therefore, security is liable to be withdrawn. I am of the opinion that the present situation has been changed considerably in the State of Andhra Pradesh with regard to the activities of Peoples War Group and Maoists and giving security to such individuals may not be just and proper, and therefore, having regard to the fact that there is no threat to the petitioner either from any individual or group of Peoples War extremists or Maoists, the petitioner is not entitled for any security as prayed for. Accordingly, the Writ Petition is dismissed. The interim order granted earlier in WPMP.19129 of 2004 is vacated. However, it is made clear that if there is any threat from any individual or Peoples War Group, it is open for the petitioner to make a fresh representation before the concerned authorities. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 23.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary, Home Department Government of Andhra Pradesh Secretariat Buildings, Hyderabad. 2 The Director General and Inspector General of Police Andhra Pradesh, Hyderabad. 3 The Inspector General of Police (Intelligence) Andhra Pradesh, Hyderabad. 4 The Deputy Inspector General of Police Hyderabad Range, Andhra Pradesh, Hyderabad. 5 The Superintendent of Police Nalgonda, Nalgonda District. 6 2. 2CCs to 7. 2CD copies