M A KHAN CHAMAN Vs. STATE OF U P
LAWS(ALL)-2004-4-39
HIGH COURT OF ALLAHABAD
Decided on April 01,2004

M A KHAN CHAMAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) WE have heard learned Counsel for the petitioner as well as learned A. G. A.
(2.) THE S. S. P. Agra passed an order dated 27-12-2001 (Annexure 3) for providing a shadow to the petitioner on payment by the petitioner of 100% of the expenses. This petition has been filed for directing the respondents to continuously provide security to the petitioner in pursuance of the order dated 27-12-2001 passed by the S. S. P. Agra, free of cost, and without compelling the petitioner to make deposits at the rate of Rs. 12,995 per month for the said purpose. The learned counsel for the petitioner has relied upon a Government Order dated 23-4-2001, Annexure-S. A. 1 to the supplementary affidavit, which fixes criteria for different categories of claimants for security, and for levying charges for the same.
(3.) THE learned counsel for the petitioner has relied on the last category dealt within the said G. O. , which relates to granting protection or security to the witness of a serious crime. According to the G. O. such matters are to be examined by a committee headed by the District Magistrate. That district level committee has to decide whether protection should be given, and if so to what extent and whether against payment or free of cost. THE amount of payment is also to be determined by the committee. The report sent by the SSP which has been enclosed with the writ petition as Annexure 1 dated 23-3- 2000 indicates that danger to the safety of the petitioner has been apprehended not because he is witness to any serious crime, but due to his doing the work of a colonizer because of which he may be at danger from his rivals. It is also reported that his financial condition is sound and he owns licensed SBBL gun.;


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