- (1.) M. A. Khan, J. This writ petition has been field by the petitioner for issue of a writ of mandamus directing the opposite parties to provide security to the petitioner free of cost and of "z" category.
(2.) THE petitioner has field this petition with the allegation that he is duly elected member of the Legislative Assembly and was so elected from Mau Constituency of Uttar Pradesh in 1996. THE State Government provided security of two Gunners to the petitioner, but subsequently an order (Annexure No. 1) was passed by the State Government thereby providing six security guards to the petitioner in view of the threat and danger to his life. The State Government passed different orders on different occasions thereby enhancing and reducing the security to the petitioner from time to time. The main plea of the petitioner is that on 15-7-2001, an attempt to murder the petitioner was made by one Brijesh Singh, who is known as Mafia leader and who is now under the support of the ruling party. In that incident while the petitioner himself had sustained injuries, one of the Gunner provided to him was shot dead, and another person, who was his personal security man was also murdered. Besides it several persons had sustained injuries. From the side of assailants one person had also died. An F. I. R. was lodged vide Annexure No. 6 and there after, higher authorities had directed investigation of this case by the C. B. I. The Superintendent of Police, Ghazipur vide letter dated 20-7-2001 had narrated that incident in this letter addressed to the D. I. G. Varanasi and it has been mentioned in that letter by the Superintendent of Police, Ghazipur to D. I. C. Varanasi that the petitioner was assaulted by the miscreants and as such the matter be enquired into by the C. B. I. Subsequently Sri Mahesh Chandra Dwivedi. Director-General of Police, Uttar Pradesh also wrote a letter to the Principal Secretary (Home), Uttar Pradesh Shasan on 27- 7-2001, in which that incident was narrated and he also recommended that the incident be enquired into by the C. B. I. and there are serious threats to life of the petitioner. After this incident, the security of the petitioner was enhanced by the Superintendent of Police, Ghazipur and by the Home Department.
(3.) THE petitioner alleges that in similarly placed circumstances, higher security was provided to other persons, but the petitioner has been deprived of that security despite the genuine threat perceptions to his life. From the side of the opposite parties counter-affidavit has been field and it has been pleaded that the petitioner is no doubt a member of the legislative Assembly elected from Mau constituency, but he himself is a Mafia leader, and on different occasions, security was provided to him. He is already getting benefit of one Gunner, and Shadow was also provided to him, but he refused to accept that benefit. It has also been pleaded that the petitioner himself has a licence of fire-arms and his family members have also different licences for different fire-arms. It has further been pleaded that the petitioner himself has also several persons with arms and ammunitions for his security and the activities of the petitioner creates a terror in the minds of the public of the area. It has also been pleaded that in case higher security is provided to the petitioner, it will give a bad impression and image of the administration.;