Delhi High Court - Orders
Swami Chakrapani vs Union Of India & Anr on 16 February, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:17.02.2021 12:21:31
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10724/2020 & CM APPL. 33634/2020 & 1285/2021
SWAMI CHAKRAPANI ..... Petitioner
Through Mr. Mukul Gupta, Sr. Advocate with
Mr. Rajesh Raina, Mr. Irum Raina
and Mr. Mayank Sharma, Advocates
versus
UNION OF INDIA & ANR. ..... Respondents
Through Ms. Monika Arora and Mr. Jitendra
Kumar Tripathi, GP, Advocates for
Respondent No.1/UOI
Mr. Sameer Vashisht, Advocate for
Respondent/GNCTD
Mr. Barun Kumar Sinha, Advocate
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 16.02.2021
1. This hearing has been done through video conferencing.
2. The Petitioner had approached this Court challenging the downgradation of his security from category 'Z' to category 'Y'.
3. Notice was issued on 18th December, 2020. Counter affidavit was called for from the Ministry of Home Affairs (hereinafter, 'MHA') and Delhi Police, on the question as to whether there is any threat perception to the Petitioner. An impleadment application was also moved on behalf of Akhil Bharat Hindu Mahasabha.
4. At the outset, ld. Counsel for the Petitioner submits that the Delhi Police has reviewed the security required for the Petitioner and has Signature Not Verified Digitally Signed By:PRATHIBA M SINGH W.P.(C) 10724/2020 Page 1 of 3 Signing Date:17.02.2021 11:34 Digitally Signed By:DINESH SINGH NAYAL Signing Date:17.02.2021 12:21:31 already upgraded his security to category 'Z'. He submits that a further representation has been made by the Petitioner to the MHA for consideration of an All India 'Z' security, considering the threat perception to the Petitioner.
5. Ld. counsel appearing for the Delhi Police submits that depending on the threat perception to the Petitioner, adequate security is being provided. He does not have any instructions about the recent upgradation of the Petitioner's security to category 'Z'.
6. On behalf of the UOI/MHA, Ms. Monika Arora, ld. CGSC submits that the question of providing security is an issue between the Delhi Police and the Petitioner and the MHA has no role to play in the same.
7. An impleadment application has been moved by Akhil Bharat Hindu Mahasabha, purportedly through its General Secretary - Mr. Munna Kumar Sharma. Considering the nature of the writ petition, which is restricted to the downgrading of the Petitioner's security, no impleadment is necessary in the present petition. Moreover, the issues raised in the impleadment application cannot be gone into in this writ petition. The Applicant, if advised, is permitted to avail of its remedies in accordance with law. C.M. 1285/2021 is disposed of.
8. Insofar as the Petitioner's representation which is stated to have been made on 8th February, 2021 to the MHA is concerned, the same is not part of the present writ petition. Since the stand of the Petitioner itself is that his security has been upgraded to `Z', no further directions Signature Not Verified Digitally Signed By:PRATHIBA M SINGH W.P.(C) 10724/2020 Page 2 of 3 Signing Date:17.02.2021 11:34 Digitally Signed By:DINESH SINGH NAYAL Signing Date:17.02.2021 12:21:31 are sought.
9. In view of the submissions made and the stand of the various parties, the petition is disposed of. No further orders are called for. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
FEBRUARY 16, 2021 Rahul/T Signature Not Verified Digitally Signed By:PRATHIBA M SINGH W.P.(C) 10724/2020 Page 3 of 3 Signing Date:17.02.2021 11:34