SC lambasts UP govt for providing unlawful security cover

New Delhi, Jan 25 (UNI) The Supreme Court today lambasted Uttar Pradesh Government for providing security for political consideration in gross violation of the law.

UP government had challenged Allahabad High Court judgement directing it to immediately withdraw security provided to students, student leaders, contractors and political workers with criminal backgrounds.

Out of 2,000 persons given security by the state, security cover of 733 was immediately withdrawn.

A bench comprising Justices S B Sinha and Markandey Katju wanted to know from the government under which provision of law, security had been provided to these persons at state expenses.

The court lost its cool when the state advocate general Mr Kajmi responded by saying that the state government had framed a policy under which the security had been provided.

The court was surprised by the response of the government and further asked whether the state was competent to form a policy of this kind when there is no provision in law, that is, neither in the Constitution of India, nor in the Police Act.

The court directed UP government to file an affidavit within two weeks, explaining under which provision of law, security can be provided to persons with dubious antecedents.

The court did not permit Senior Counsel Harish Salve to address the court as he was late.

The state can provide security to an individual only on the basis of threat perception.

The court also directed the State Home Secretary to be personally present in the court on the next date of hearing to explain the circumstances under which gunners had been provided at state expense as the court was not convinced today with the response of the state to the queries made by it.

The High Court judgement came on a Public Interest Litigation by Gayur Hasan Khan and others after the incidents of Lucknow University which had to be closed down indefinitely and criminals staying illegally in hostels had to be evicted with the help of the police and later the murder of a student leader in Banaras Hindu University campus.

The court's direction is a major setback for political parties on the eve of forthcoming Assembly elections in the state, as such political workers are often used for booth capturing and rigging the elections by political parties, particularly by party in power.

Justice Katju asked the counsel for the state, ''why do you need security? Do good deeds and you won't need it. Pandit Nehru never had any security.'' UNI AKS/SC SHB PM1653