Madras High Court
A.P.Suryaprakasam vs The State Of Tamil Nadu on 22 July, 2015
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.07.2015 CORAM: THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.22095 of 2015 A.P.Suryaprakasam .. Petitioner - Vs - The State of Tamil Nadu, Rep. by the Director General of Police, Santhome, Chennai - 600 004. .. Respondent Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to consider the representation of the petitioner dated 21.07.2015, urgently to provide necessary police protection to Shri Rahul Gandhi's public meeting on 23.07.2015 in Tamil Nadu. Petitioner-in-Person : Mr.A.P.Suryaprakasam For Respondent : Mr.V.Subbiah Special Government Pleader - - - - - O R D E R
By consent, the writ petition is take up for final disposal.
2. The petitioner is a practising Advocate of this Court and he would state that Mr.Rahul Gandhi, Vice President of Indian National Congress and Member of Parliament (Lok Sabha) is visiting Tiruchirappalli on 23.07.2015 to meet the agriculturists and farmers of Tamil Nadu to find out and know about the agrarian crisis looming large all over India and in particular the State of Tamil Nadu. It is further stated by the petitioner that Mr.Rahul Gandhi is also attending the birthday celebrations of late Mr.Kamaraj - the former Chief Minister of Tamil Nadu on 23.07.2015, because of the position he holds as well as his personality, there is likelihood of huge, mammoth crowd in the said function and people belonging to all walks of life will throng the said place.
3. The petitioner expresses apprehension that though Mr.Rahul Gandhi being protected by the Special Protection Group (S.P.G) as he is in Z-Plus category, the outer ring of the security has to be provided by the State Police and he may not able to get such a protection on account of the lapses on the part of the State Police. The petitioner being the convenor of the Legal Cell of the Indian National Congress - Tamil Nadu Unit, has sent a representation dated 21.07.2015, to the respondent requesting him to direct the officers concerned to provide sufficient and necessary police protection to Mr.Rahul Gandhi and since he has not been favoured with any proper response from the respondent, came forward to file this writ petition.
4. The petitioner is appearing as party-in-person with the permission of this Court and he would submit that the inner ring security relating to the protection of Mr.Rahul Gandhi is provided by the Special Protection Group (S.P.G.) and whereas the outer ring protection has to be given by the State Police and having noticed some lapses on their part only, the petitioner was constrained to submit the said representation and prays for appropriate direction, directing the respondent to provide adequate and sufficient police protection to the said leader while he is visiting Tiruchirappalli on 23.07.2015.
5. Per contra, Mr.V.Subbiah, learned Special Government Pleader, on instructions, would submit that Mr.Rahul Gandhi belongs to Z-Plus category and apart from that the inner ring of protection is provided by the personnel of the Special Protection Group and the outer ring protection is provided by the personnel from the Tamil Nadu State Police and assures that adequate, sufficient and proper protection would be given to Mr.Rahul Gandhi while he is visiting Tiruchirappalli and there will not be any lapses or let-up while protecting him. The said submission made by the learned Special Government Pleader, on instructions, is placed on record.
6. In the light of the facts and circumstances of the case, the writ petition is disposed of and the respondent is directed to ensure full, sufficient and proper protection to Mr.Rahul Gandhi at the time of his visit to Tiruchirappalli on 23.07.2015. The organisers of the function may also give the approximate number of persons likely to attend the function, to the local police in advance so as to enable them to look after the law and order problem also. The writ petition is disposed of accordingly. No costs.
22.07.2015 kk Note : Issue order copy on 22.07.2015 before 05.00 p.m. To The Director General of Police, The State of Tamil Nadu, Santhome, Chennai - 600 004.
M.SATHYANARAYANAN, J.
kk W.P.No.22095 of 2015 22.07.2015