Supreme Court: Permission Needed Before Removing Security for Congress Leader’s Son

The Supreme Court has instructed Madhya Pradesh police not to withdraw security for the son of a slain Congress leader without prior court approval, citing alleged threats. The directive emphasizes maintaining protection until the murder trial concludes, with any adjustments requiring court permission.

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Supreme Court: Permission Needed Before Removing Security for Congress Leader's Son
Supreme Court of India

NEW DELHI: On 23rd February, the Supreme Court, issued a stern directive to the Madhya Pradesh police, emphasizing the critical importance of maintaining the security cover for the family members of the late Congress leader, Devendra Chaurasia. The court instructed that the protection should not be withdrawn without prior permission, highlighting the alleged threats faced by the family.

The bench, comprising of Justices Surya Kant and KV Viswanathan, had previously directed the Director-General of Police (DGP) and the Superintendent of Police of Damoh district to reinstate the security cover granted to Somesh Chaurasia, the son of the murdered Congress leader, along with other family members.

The court’s earlier order, issued on January 19, has been acknowledged and complied with.

The court emphasized-
“An affidavit has been filed stating that the earlier security cover provided to the petitioner (Somesh) and his family members has been restored. The security cover provided shall not be withdrawn without prior permission of this court and till the trial in the murder case is completed.”

Concerned about the potential risks faced by the family, the bench directed that the analysis of threat perception for Somesh Chaurasia and his family members should only occur after the trial concludes. Additionally, if any adjustments to the security cover are deemed necessary, the court’s prior permission must be sought.

The court explicitly stated-

“Police shall also protect the life and properties of the petitioner and his family members, who are prosecution witnesses in the case, from the accused and their henchmen.”

The Superintendent of Police was further instructed to assess the threat perception of other prosecution witnesses until their deposition before the court, providing security if deemed necessary.

Highlighting the urgency of the matter, the bench urged the trial court to expedite the case’s disposal. The murder of Congress leader Devendra Chaurasia on March 15, 2019, was attributed to political rivalry, leading to the initial order for security cover, which was later withdrawn, prompting Somesh Chaurasia to approach the Supreme Court for redress.

The withdrawal or reduction of security cover since 2019 raised serious concerns, with the top court warning the state police on January 19. The court expressed dissatisfaction, stating they were playing with the lives of the prosecution witnesses and warned the Superintendent of Police of Damoh of contempt action if security was not promptly restored.

In his plea to the court, Somesh Chaurasia claimed that he and his family faced threats from the husband of former BSP MLA Rambai Singh, an accused in his father’s killing. The court had previously canceled the bail granted to Govind Singh, the husband of Rambai Singh, on July 22, 2021, underscoring the judiciary’s need to remain immune from political pressures.

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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