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Gayur Hasan v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 5520 of 2006 [2007] RD-AH 11985 (16 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Imtiyaz Murtaza, J.

Hon'ble Amar Saran, J.

A counter affidavit of the Dy. Secretary, Department of Home, State of U.P. has been filed by learned A.G.A. today and is taken on record. In paragraph 13 of the counter affidavit it is provided that the number of persons who have been provided categorized security has been scaled down from 89 and only 52 persons have now been provided categorized security. It is submitted that the categorized security has been furnished in accordance with the provisions of Yellow Book issued by the Government.

The learned Advocate General is not present today. It is contended by the learned  Government Advocate that the learned Advocate General will be in a better position to address this Court on the issue of providing categorized security to the individuals concerned in accordance with the Yellow Book on the next date of listing, i.e. 6.8.2007.

We would like the learned Advocate General to be present on the next date of listing and an affidavit may also be filed by the State indicating the names of the persons who have now been provided categorized  security in different categories and the provisions of the Yellow Book under which they are being provided security and what was the criteria for providing the security to each of the said persons. Also it should be indicated as to what is the cost for providing security to individuals under different categories. We seek this clarification because in our view the provision of security to the public at large is the primary duty of the police which must provide law and order and security to society as a whole and not to individuals. Individual security can only be provided in very exceptional circumstance for limited periods. Security can only be provided in accordance with the criteria laid-down in the Yellow Book and the relevant orders or guidelines and it can never be considered  as a power of granting largesse or patronage to any party in power.  The  Government Advocate will also furnish the list of 83 persons and 80 persons who have been provided security by the High Powered Committee  which has been mentioned in paragraphs 19 and 20 of the counter affidavit.

List this case on 6.8.2007.

A copy of this order  may be given to the learned Government Advocate within 48 hours.

Dated : 16.7.2007


Crl. W.P. 5520/06


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