Andhra Pradesh High Court - Amravati
This Writ Petition For A Mandamus Is ... vs Unknown on 1 July, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.18652 of 2022
Order:
This writ petition for a mandamus is filed seeking direction
to the respondents 1 and 2 to provide physical security to the
petitioner and not to take any coercive action against him in any
criminal case registered against him during his planned visit to
Bhimavaram of West Godavari District on 03-7-2022 and
04-7-2022 to attend the 125th Birth Anniversary Celebrations of
the legendary freedom fighter Sri Alluri Seetha Rama Raju which
is being celebrated in the presence of the Hon'ble Prime Minister
of India.
2. Heard learned counsel for the petitioner, learned Advocate
General appearing for the respondents 1 to 4 and the learned
Assistant Solicitor General appearing for respondent No.5.
3. The petitioner is the sitting Member of Parliament of
Narasapuram Lok Sabha Constituency of West Godavari District.
It is stated that 125th Birth Anniversary Celebrations of the
legendary freedom fighter Sri Alluri Seetha Rama Raju is being
celebrated on 04-7-2022 and the Hon'ble Prime Minister of India
is attending the said function in connection with the said
celebrations at a hamlet near to Bhimavaram of West Godavari
District. Therefore, the petitioner, who is representing the said
Constituency, intends to attend the said celebrations in which the
Hon'ble Prime Minister of India is participating.
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4. It is stated that the petitioner has become a vocal critic
relating to some of the policies of the State Government and as
such he has been apprehending that he may be arrested in false
cases that may be foisted against him if he visits Bhimavaram in
connection with the above celebrations. It is also stated that the
Member of Parliament (Rajya Sabha) of YSR Congress Party
Sri Vijaya Sai Reddy made certain posts in social media alleging
that if the petitioner visits his constituency that he would face the
wrath of the people of the said constituency. Therefore, in view of
the said comments said to have been made in the social media,
it is stated that the petitioner is apprehending that some
untoward incident may take place during his visit to his
constituency.
5. Therefore, he has prayed to direct the respondents 1 and
2 to provide physical security to him and also not to take any
coercive action against him in the cases registered against him in
the State of Andhra Pradesh.
6. As per the submission made by the learned counsel for
the petitioner, 'Y' Category protection was already given to the
petitioner. It is stated by learned counsel for the petitioner that
on the request made by the petitioner to the 5th respondent-Union
of India that his security was also beefed up by providing
'Z' Category protection to the petitioner during his visit to
Bhimavaram to attend the celebrations on 03-7-2022 and
04-7-2022. Therefore, the fact that now remains established as
per the submission made by the learned counsel for the petitioner
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on instructions from the petitioner is that his security has been
beefed up and 'Z' Category security is provided during his visit to
Bhimavaram on 04-7-2022. Therefore, when adequate security
has already been provided to the petitioner by the Union of India,
no direction to the respondents 1 and 2 to provide security to the
petitioner, as sought for, is required to be given in the facts and
circumstances of the case. In fact, learned counsel for the
petitioner also stated that he would not press the said relief of
giving direction to the respondents 1 and 2 to provide physical
security to the petitioner as Union of India has provided
'Z' Category security to the petitioner during his visit to
Bhimavaram on 04-7-2022.
7. As regards the relief claimed by the petitioner seeking
direction to the respondent-Police officials not to take any coercive
action against him in the cases registered against him in the State
of Andhra Pradesh is concerned, as per the submission made by
the learned counsel for the petitioner about 10 criminal cases
were registered against him earlier in various police stations in the
State of Andhra Pradesh. The petitioner sought quash of the said
criminal proceedings launched against him in all the said cases by
way of filing various petitions in this Court. This Court has
already given direction in all the said cases either by way of
staying further proceedings in the said cases or by way of giving
direction not to take any coercive steps against the petitioner in
the said criminal cases. Therefore, when appropriate direction
was already given in favour of the petitioner in all the criminal
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cases which are registered against him, this Court is of the
considered view that no further direction to the respondent-Police
officials, not to take any coercive steps against him in the said
cases which are already registered against him, is required to be
given in this writ petition.
8. However, learned counsel for the petitioner would submit
that the petitioner is apprehending that some more cases may be
foisted against him by the Police at the instance of the authorities
at the helm of the affairs of the State Government in view of the
existing enmity between the petitioner and the authorities at the
helm of the affairs of the State Government and that he may be
arrested during his visit to Bhimavaram on 03-7-2022 and
04-7-2022. So, he would pray the Court to direct the respondent-
Police officials not to take any coercive steps against the petitioner
on 03-7-2022 and 04-7-2022 in case any such cases are
registered against him. No such direction can be given to the
Police, not to take any coercive steps in the cases that may be
registered against him on such imaginary apprehension expressed
by the petitioner. However, this Court is of the considered view
that a direction to the respondent-Police officials that in case any
cases are registered against him during his visit to Bhimavaram in
connection with the said celebrations on 03-7-2022 and
04-7-2022, to follow the due process of law would be suffice in the
facts and circumstances of the case.
9. Therefore, the writ petition is disposed of with a direction
to the respondents 1 to 4-Police officials to follow the due process
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of law in case any cases are registered against the petitioner
during his visit to Bhimavaram on 03-7-2022 and 04-7-2022.
_________________________________________
CHEEKATI MANAVENDRANATH ROY, J.
01st July, 2022. Note:-
Issue C.C. today. (B/o) Ak 6 HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Writ Petition No.18652 of 2022 01st July, 2022.
(Ak)