Delhi High Court - Orders
Gaurav Gupta vs Govt Of Nct Of Delhi And Ors on 23 May, 2023
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1495/2023
GAURAV GUPTA ..... Petitioner
Through: Mr. Gaurav Dhingra, Adv.
versus
GOVT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Aashish Chojar, Adv. for Mr.
Rahul Tyagi, ASC (CRL) with
Inspector Deepak Kumar, PS B. H.
Rao, Delhi.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 23.05.2023 CRL.M.As. 14232-33/2023(exemptions) Exemptions are allowed subject to all just exceptions. W.P.(CRL) 1495/2023 The present petition has been filed seeking following prayer:
"A) Issue Writ in the nature of Certiorari and thereby quash the impugned order dated 28.3.2023 passed by Respondent No. 3 herein;
B) Issue Writ in the nature of Mandamus commanding the respondents to provide security to the petitioner in terms of Order dated 23.02.2019 passed by the Delhi State legal Services Committee (Under the Administrative Control of High Court of Delhi);
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 00:40:29 C) Any other writ, order or direction or writ as this Hon'ble High Court may deem fit and proper in the facts of the case; D) The cost of the petition may also be awarded."
Upon the application being moved by the petitioner, the following minutes of meeting of Witness Protection Committee, Central District held on 28.03.2023:
AGENDUM MINUTES
To provide police The meeting has been convened upon
protection to receipt of complaint dated 23.3.2023
applicant/ witness, from the protected person Sh. Gaurav
namely, Sh. Gaurav Gupta.
Gupta, S/o Sh. Ashok
Kumar, Rio 5/90, Sh. Gaurav Gupta has joined the
Sec.2, Rajender meeting and has been heard at length. It
Nagar, Ghaziabad in is stated by? Sh. Gaurav Gupta that he
Case FIR had been provided round the clock
No.18/2014 under security through PSO but the same was
Section 5/12 DACP suddenly withdrawn vide order dated
Act, PS Sara Hindu 22.3.2023 of DCP (North) Delhi Police.
Rao. It is further stated by Sh. Gaurav Gupta
that he is witness in a number of cases, initiated on the complaint lodged by People for Animals, of which Ms. Maneka Gandhi is chairperson.
The record shows that this Committee in meeting dated 15.11.2022 recorded that Threat Analysis report of Sh. Gaurav Gupta had not been received, so directing that the report be filed at the earliest, and Sh. Gaurav Gupta was provided police protection by the police station concerned as and when he has to visit the Court. But despite that such This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 00:40:29 direction of the Committee, Sh. Gaurav Gupta was provided round the clock police protection which has now been withdrawn by DCP (North).
In response to the said complaint of Sh. Gaurav Gupta, fresh reports were obtained by the office of Chief Public Prosecutor. According to the report dated 30.1.2022 of DCP, Special Cell, inquiry reveals that there is no specific threat from any organized gang of terrorist outfit to Sh. Gaurav Gupta. Further, in his report dated 27.32023, SHO Bara Hindu Rao also observed that there is not specific threat to Sh. Gaurav Gupta. In his report SHO Bara Hindu Rao further stated that residence of Sh. Gaurav Gupta is in Ghaziabad, U.P. and on various occasions, the PSOs deployed on duty reported that Sh. Gaurav Gupta misbehaved with them and many a times, Sh. Gaurav Gupta does not provide information about his visits and goes out alone without taking the PSO alongwith him. The PSOs deployed on duty also reported that there is no proper arrangement for stay and even to attend call of nature for the staff deployed as PSOs.
It is pointed out by Ld. Chief Public Prosecutor that round the clock PSO was deployed with Sh. Gaurav Gupta by DSLSA on 23.2.2019.
Be that as it may, the fact remains that according to local police, now there is This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 00:40:30 no serious threat perception at Sh. Gaurav Gupta in Delhi; Sh. Gaurav Gupta is a resident of Ghaziabad, U.P. which falls beyond the jurisdiction of this Committee, as such, the request of Sh. Gaurav Gupta be forwarded . to Ld. Chief Public Prosecutor of District Ghaziabad, U.P. to inquiry into the threat perception and take appropriate decision for providing police protection to Sh. Gaurav Gupta.
Ld. Chief Public Prosecutor submits that vide his letter dated 23.3:2023, he had requested the DCP (North) Delhi Police to provide security to Sh. Gaurav Gupta till a decision is taken on his complaint. Now that decision has been taken in this meeting. However, since Sh. Gaurav Gupta is witness in certain cases, pending in Delhi Courts, it is directed that as and when Sh. Gaurav Gupta has to appear as a witness in any court in Delhi, for his visit to the court and return to his home, he shall be provided police protection by one police official from the Police Station concerned. This shall be in addition to round the clock PSO, if provided by the Ghaziabad, U.P. Police.
Issue notice.
Mr. Aashish Chojar, learned counsel accepts notice on behalf of Mr. Rahul Tyagi, ASC.
Let reply be filed within four weeks with advance copy to the learned This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 00:40:30 counsel for the petitioner.
List on 07.11.2023.
DINESH KUMAR SHARMA, J MAY 23, 2023 Pallavi This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 00:40:30