SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand, C.J.I., V.N. Khare and M.B. Shah, JJ.

Writ Petn. (Civil) No. 673 of 1998 (with I.A. Nos. 3 to 7). D/d. 15.12.1998.

Yusuf Khan alias Dilip Kumar and others - Petitioners

Versus

Manohar Joshi and others - Respondents

For the Petitioner :- Mr. Harish N. Salve, Sr. Advocate, Mr. P.H. Parekh and Ms. Musharrat Chaudhary, Advocates.

For the Union of India :- Mr. Soli J. Sorabjee, Attorney-General and Mr. P. Parmeswaran, Advocates.

For the State of Maharashtra in I.A. No. 7. :- Mr. D. M. Nargolkar, Advocate, Ms. Indira Jaising, Sr. Advocate and Ms. Vijay Laxmi Menon, Advocate.

Constitution of India, Articles 21 and 32 - Right to life - State to take all such steps as are necessary to protect life, liberty and property of citizen and provide adequate security - State is directed to file affidavit or action if any taken with regard to acts of violence or disclose as to whether any person or persons have been brought to book.

[Paras 8 and 9]

ORDER

Issue notice in the first instance only to respondents 2, 3, 5, 6, 7 and 8.

2. I.A. No. 3 : No intervention permitted.

3. I.A. No. 4 : Refused.

4. I.A. No. 5 : Dismissed as withdrawn.

5. I.A. No. 7 : Permitted to be withdrawn.

I.A. No. 6

6. We have heard Mr. Harish Salve, learned senior counsel appearing for the petitioners, Mr. Soli J. Sorabjee, learned Attorney-General appearing for the Union of India and Mr. D. M. Nargolkar, learned standing counsel appearing for the State of Maharashtra.

7. The submissions made by Mr. Salve to the effect that the State is expected to preserve and protect law and the Constitution and that it cannot permit any violent act which may negate the Rule of Law, does not admit of any controversy as that is essentially an obligation of the State.

8. The learned Attorney-General as well as Mr. Nargolkar, learned counsel appearing for the State of Maharashtra submit that the Union of India and the State of Maharashtra shall take all such steps as are necessary to protect life, liberty and property of the citizenry and provide adequate security for that purpose wherever necessary. We record their submissions. The interim directions issued by this Court on 14-12-1998 shall continue to remain in operation during the pendency of this petition.

9. Learned counsel for the State of Maharashtra is further directed to State on an affidavit of a competent officer, within four weeks, action, if any, taken with regard to the acts of violence, of which reference has been made in this petition. It shall also be disclosed as to whether any person or persons have been brought to book in that behalf so far and the stage of the investigation, if any, which is being carried out in respect of those acts of violence, in Bombay. Similar affidavit on behalf of Union of India shall also be filed by the learned Attorney-General with regard to the violent incidents which have taken place in Delhi within four weeks.

I.A. No....... /98

10. The application seeking permission to correct certain typographical errors in the writ petition is taken on board and allowed. The needful shall be done before the Registrar (Judl.) during the course of the day today.

Order accordingly.