- (1.) Heard Sri Anand Kumar Yadav, learned counsel for the petitioner, Sri Vikas Sahai, learned A.G.A.for the State of U.P. and Sri Vaibhav Kaushik, learned counsel for the Union of India.
(2.) The petitioner Swami A.S.Vigyanacharya Ji Maharaj has preferred this writ petition with the following prayers to : (A) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to provide the adequate security guard in terms of ( 1 : 4) (One Head Constable & 4 Gunners) to the petitioner for protection of his life and liberty and property of the Math. (B) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (C.) award cost of the writ petition in favour of the petitioner.
(3.) It is submitted by counsel for the petitioner that petitioner has turned himself to be a Saint from Scientist. The petitioner is Gold-Medalist in M.Sc. ( in Nuclear Physics) and is a former Research Scholar, but subsequently he turned himself to be a Saint and involved in promoting spiritual activities. He is residing in Govind Math, Kaumar Van, Vrindavan, Mathura, he is also doing research work in the field of Spiritualism and is an innovator of Chetna Bodh Karyakram/Sarva Dharm Sammelan. Through his spiritual powers and leaned discourses , he is working for the unity and integrity of the Country, his work is of a great national importance, he is known as Vigyanacharya Ji Maharaj. He is patron of many social, educational, religious and spiritual institutions spread all over the country. Geeta Mandir, Sector 16-A, Faridabad, Haryana is the Head Office of Chetna Bodh Karyakram, such Karyakrams are organised all over the country. He had also played a very important role after demolition of Babri Masjid on 6.12.1992, to maintain peace, harmony, unity and integrity between the Hindu and Muslims communities through negotiations and got success in his mission, the same was published in the News Papers also. Due to his honest working for maintaining peace and harmony in the society, some unsocial elements, terrorists and Kattarwadi Forces became annoyed with him, they extended the threats to life of the petitioner, on several occasions, petitioner received threats on telephone and thereafter an assault was made at the Math of the petitioner in Vrindavan, in which some of the persons had sustained injuries, considering the same, the security guards ( two gunners and one shadow) were provided to him in the year 1992 and the security of the petitioner was renewed time to time upto the year 2007. But due to interference of some powerful unsocial elements the security was removed without passing any order and without giving any notice to the petitioner despite having several representations preferred by the petitioner. The petitioner remains in Sadhna/Meditation at Govind Math, Kaumar Van, Vrindavan, Mathura. The peoples and devotees come to Govind Math from different parts of the country for getting their religious knowledge, subsequently, considering the threat perception, the security was again provided to the petitioner. In year 1992, the Director General of Police, Rajasthan wrote a letter to D.G.P. Uttar Pradesh and Madhya Pradesh to provide the security to the petitioner during course of programmes of Rashtriya Chetna Bodh Karyakram, which were being held at Jhansi, Hamirpur and Chattarpur. On 6.8.1992 the Inspector General of Police, Kanpur Zone, Kanpur wrote a letter to S.S.P. Mathura for providing the security during stay of petitioner at Vrindavan. The Commissioner, Agra Division, Agra has also given a direction for providing security to the petitioner upon the representation preferred by the petitioner. On 23.8.1993, the Inspector General of Police Kanpur Zone, Kanpur ordered the S.S.P. Mathura to provide the security to the petitioner. The Commissioner Agra Division, Agra ordered the District Magistrate Mathura on 16.12.1993 to provide the security. In compliance of the orders passed by the above mentioned authorities, the S.S.P.Mathura as well as S.P. of other districts provided the security in terms of one shadow and two gunners and police guards deputed at Govind Math. The unsocial elements, terrorists, Bhumi Mafias are extending the life threat to the petitioner, the threat perception is continuous. The S.H.O. of Police Station Vrindavan has submitted the report to the S.S.P. Mathura to the effect that unsocial elements were adamant to occupy the land and property of Govind Math by means of illegal encroachment and recommended for appointing a stable security guard at Govind Math of the petitioner. Even some of the ministers wrote the letters to the Chief Minister, Uttar Pradesh to the effect that petitioner was doing the work of great importance by way of having several programmes for maintaining peace, harmony, integrity and unity of the nation, but some unsocial and criminal elements were extending the threats, therefore, the petitioner was having the requirement of one shadow and two gunners. The petitioner also gave a representation to the Central Government, considering the threat perception, the Joint Secretary of Government of India, New Delhi had made a communication to a member of Chetna Bodh Karyakram, Geeta Mandir, Sector 16-A, Faridabad, Haryana to the effect that Government of Haryana was advised to provide appropriate security to the petitioner, thereafter the security was provided to the petitioner by Government of Haryana, the same was renewed time to time. The Union Government through its Secretary, Ministry of Home Affairs, New Delhi wrote a letter to D.G.P.Haryana and Uttar Pradesh on 28.10.1996 to provide the security to the petitioner. The S.S.P. Mathura passed the order dated 10.8.1998 whereby the S.H.O. of Police Station Vrindavan, District Mathura was directed to provide the security to the petitioner on account of continuous danger to his life. The order dated 10.8.1998 passed by the S.S.P.Mathura reveals that State Government passed the Government Order dated 13.12.1996 to provide the security to the petitioner and the same was provided to the petitioner, the above mentioned Government Order is still operative, the same has not been superseded by any government order, even then, the local administration removed the security of the petitioner without any notice and reason, the same was removed illegally and in arbitrary manner but the same has been provided after filing of this writ petition.;