HC asks UP to withdraw gunners of student leaders, contractors

Lucknow/Allahabad, Dec 12 (UNI) Within days of the announcement of sine die closure of Lucknow University following students unrest, the Allahabad High Court has ordered withdrawal of the gunners/security from student leaders and contractors by December 15.

The Uttar Pradesh government said in the state capital that while it was yet to receive the copy of the significant order, process was on to do the needful by December 15. ''We are yet to receive the copy of the judgement but the work on its implementation has already started,'' a Home Department official told UNI in Lucknow. The official said the government was examining the list of beneficiaries.

In a siginificant order issued yesterday, a division Bench of the Allahabad High Court comprising Justices Imtiyaz Murtaza and Amar Saran has directed the UP government to forthwith withdraw the security/gunners from all ineligible private persons such as students, student leaders, contractors and all political workers.

The Court has also directed the Home Secretary and UP government to file affidavit in compliance of this order by December 15, 2006.

The court passed the order on a petition filed by Gayur Hasan.

The Bench, however, made it clear no exception can be made simply on the ground that there is some threat of life to a person if there are any criminal antecedents against the particular person who has been provided security.

Likewise, no person can be provided security on the mere desire or direction of the Chief Minister or any other authority and security has to be provided strictly in accordance with the objective and fair norms laid down in the government orders, remarked the bench.

The court observed, there is no power with any authority howsoever high to distribute largesses in the form of gunners for security. in case any exception is to be made in any case, it will only be to those cases where the private persons is a witness of a serious crime and that too only if he has no criminal antecedents, the court said. The court further observed that gunners and security can no longer be status symbol or for protection for illegal activities.

The court on the last occasion on November 8,2006 had expressed its distress at the disinterested manner in which orders to withdraw the security from ineligible were being complied with. In the last order the court had pointed out as a matter of fact the number of persons who had been provided security were vastly in excess of number, 2207, mentioned by the state government and the correct position regarding security/ gunners has not been provided.

In the backdrop of the fact, the court had directed the state principal secretary (Home) to take genuine steps to substantially reduce provision of security to ineligible persons and submit a fresh affidavit.

''The court extremely felt pain today to note that the affidavit of compliance filed by the secretary, Home, government of Uttar Pradesh seeking to excuse the state government as the principal secretary, Home had gone abroad and has made absolutely no effort to comply with the aforesaid direction on November 8, 2006,'' the court observed.

There had been public outrage over the use of gunners by student union leaders and anti-social elements in the garb of contractors who had been using the armed men to threaten the common man.

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