IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.9445 OF 2014 (GM-POLICE) BETWEEN:
SRI HUSSAIN MUEEN FAROOQ S/O SRI K.M.HUSSAIN, AGED ABOUT 38 YEARS, OCCUPATION: CHAIRMAN, ANTI-CORRUPTION COUNCIL OF INDIA, RESIDING AT NO.27/3, B.P.H., 4TH FLOOR, SUMMIT APARTMENT, SANKEY ROAD, BANGALORE-560001. (By Mr. SUMAN K, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER OF POLICE KARNATAKA STATE POLICE DEPARTMENT, INFANTRY ROAD, BANGALORE-560001.
3. THE DEPUTY COMMISSIONER OF POLICE C.A.R.HEAD QUARTERS, MYSORE ROAD, BANGALORE-560002.
(By SMT. NILOUFER AKBAR, AGA FOR R1-3) … PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO GIVE THE REQUIRED POLICE PROTECTION WITH ARMED SECURITY PERSONNEL TO HIS PERSON & HIS RESIDENCE AT NO.27/3, B.P.H.4TH FLOOR, SUMIT APARTMENT, SANKEY ROAD, BANGALORE-560001 AS PER THE REPORTS ALREADY FURNISHED BY THE INTELLIGENCE WING OF THE KARNATAKA STATE POLICE DEPARTMENT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Suman.K, learned counsel for the petitioner.
Sri.Niloufer Akbar, learned counsel for the respondent.Nos.1 to 3.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(i) Issue a writ, direction or order in the nature of mandamus directing the respondents to give the required police protection with armed security personnel to his person and his residence at No.27/3, B.P.H., 4th Floor, Sumit Apartment, Snkey Road, Bangalore – 560001, as per the reports already furnished by the Intelligence Wing of the Karnataka State Police Department.
4. When the matter was taken up today, learned counsel for the petitioner submitted that he be granted the liberty with regard to his grievance to submit a representation to the competent authority and the aforesaid authority be directed to take a decision on the representation, which may be submitted by the petitioner in accordance with law. On the other hand, learned Government Advocate submitted that in case such a representation is filed by the petitioner the same shall be dealt with in accordance with law.
5. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with liberty to the petitioner that in case the petitioner files a fresh representation before the competent authority within two weeks from the date of receipt of certified copy of the order passed today the competent authority shall decide the same by a speaking order within four weeks from date of receipt of such a representation. Till the decisions taken, ad interim order, if any granted by a Bench of this Court shall continue. It is made clear that this court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS