ORDER
P. Ramakrishnam Raju, J.
1. This writ petition is field seeking for a direction to provide a gunman to the petitioner, as the Superintendent of Police, Kurnool failed to provide, in spite of several representations.
2. The petitioner states that he is a staunch supporter of Congress - (I) parry since a long time, and had been a follower of late Madduru Subba Reddy, Ex.-Member of Parliament (MP) from Nandyal Constituency. One Sri Byreddy Rajasekhar Reddy, 16lh Respondent, a sitting Member of Legislative Assembly (MLA) from Nandikotkur Constituency was opposed to late Madduru Subba Reddy. In the last Assembly elections, the 16th respondent contested on Telugu Desam Party (TDP) ticket; while Congress (I) fielded one Gidda Reddy. While the petitioner was extending support to Gidda Reddy, the 16th respondent attacked him and also one Gouru Venkat Reddy at Kollabapuram village while they were canvassing for Congress - (I) candidate. After the said attack, gunman was provided to him. The followers of the 16th respondent had made attempts on the life of the petitioner on two or three occasions. At the instance of the Government, the fourth respondent submitted a detailed report stating that there is grave threat to the life of the petitioner. Inspite of repeated requests, the third respondent has not provided a gunman to the petitioner, since he belonged to Congress - (I) party, although in all other cases where the intelligence department recommended for gunman, the fourth respondent has responded positively. Hence this writ petition.
3. On 14-10-1996, the following order is passed by this Court:
'We have disposed of Writ Petition No.20165 of 1996 with directions. But the allegations in the instant case appear to shake the faith in the law enforcing agencies to deal with some one who wields power in accordance with law. Learned Additional Advocate General has pointed out, however, that the petitioner and his men are also involved in unlawful activities and if there are some cases pending against Sri Rajasekhara Reddy and others for investigation there are no dearth of counter cases against the petitioner and his men. There are alarming reports of the district being infested by anti-social elements and instead of debates on public issues and manifesto of political, parties, persons who are allegedly divided between rival political parties in the district are settling scores by guns and bombs. By providing any security guard to the petitioner, there shall only be encouragement and escalation to the faction fights in the district and it is felt desirable, on reports particularly of continuous violence, that matters should be tackled by such laws which wilt both be preventive and deterrent. Those who are accused and are enlarged on bail and are suspected to have indulged in further violence, it will be proper if steps are taken for cancellation of bail and those who are not yet named as accused in any case, but are acting in support of such persons, are dealt with strictly in accordance with law at the earliest. Should the situation warrant the law enforcing agencies be alerted to take such preventive measures by making appropriate reports to the competent authorities for detention, if necessary allsuch persons who are dealing only with bombs and guns with the life of their opponents or so-called enemies.
It is a fit case, for the said reason, for a direction to the District Superintendent of Police to make a report to this Court forth with about the situation of law and order in the district and who are the parties who are threatening the peace and who are creating administrative as well as legal problems in the district. The District Superintendent of Police is also directed to give report to the Court as to how many cases of murder and other ancillary offences have been registered which are traceable to the faction or political rivalry between various groups operating in the district. Suitable orders in this case shall be passed after receiving the report from the District Superintendent of Police. Let the District Superintendent of Police report within two weeks.
Post after two weeks.''
4. On 31-10-1996 the following order is passed in this writ petition:
'Heard.
This Court has found that a large number of persons have been seeking security for the protection of their life and properly and moving this Court for directions to the State Government to provide as, according (o them was required for their protection. The Court directed for hearing of all such petitions simultaneously to arrive at the conclusion how this Court and in what circumstances this Court would be exercising its extra-ordinary power and issuing directions for providing protection to the petitioners. By judgment dated 14-10-1996 in Writ Petition Nos.291 of 1995,10432 of 1996 and 12172 of 1996, this Court has felt that any petition for providing security can be entertained only in exceptional case and on this Court's satisfaction that the threat is either from the servants and agents of the State or from others when the Government of the State is not found to have providedadequate security for the maintenance of public peace and tranquility and has not chosen to act to prevent incidents of crime which have given rise to the apprehension of danger to the life and property of the petitioner. The instant application was taken up along with the above, but the Court, in view of the specific allegations, recorded,
'But the allegations in the instant case appear to shake the faith in the law enforcing agencies to deal with some one who wields power in accordance with law. Learned Additional Advocate General has pointed out, however, that the petitioner and his men are also involved in unlawful activities and if there are some cases pending against Sri Rajasekhara Reddy and others for investigation there are no dearth of counter cases against the petitioner and his men,''
The Court further recorded,
'There are alarming reports of the district being infested by anti-social elements and instead of debates on public issues and manifesto of political parties persons who are allegedly divided between rival political parties in the district are settling scores by guns and bombs-'
The Court, on the facts of the case, ordered as follows:
'By providing any security guard to the petitioner, there shall only be encouragement and escalation to the faction fights in the district and it is felt desirable, on reports particularly of continuous violence, that matters should be tackled by such laws which will both be preventive and deterrent. Those who are accused and are enlarged on bail and are suspected to have indulged in further violence, it will be proper if steps are taken for cancellation of bail and those who are not yet named as accused in any case, but are acting in support of such persons, are dealt with strictly in accordance with law at the earliest. Should the situation warrant the law enforcing agencies be alerted to take such preventive measures by making appropriate reports to the competentauthorities for detention, if necessary, all such persons who are dealing only with bombs and guns with the life of their opponents or so-called enemies.'
Having ordered as above, the Court directed as follows:
'It is a fit case, for the said reason, for a direction to the District Superintendent of Police to make a report to this Court forthwith about the situation of law and order in the district and who are the parties who are threatening the peace and who are creating administrative as well as legal problems in the District. The District Superintendent of Police is also directed to give report to the Court as to bow many cases of murder and other ancillary offences have been registered which are traceable to the faction or political rivalry between various groups operating in the district. Suitable orders in this case shall be passed after receiving the report from the District Superintendent of Police.'
The District Superintendent of Police has since submitted the report stating that the law and order situation in the District is well under control and that all possible steps have been taken against the factionists. He has also stated in his report that no such parties who are threatening the peace and who are creating administrative as well as legal problems have come to light in the District. He has, however, added as follows:
''However, the following notorious factionists are operating in Kurnool District.
1. Challa Ramakrishna Reddy of Owk Village Congress -I) :
Challa Ramakrishna Reddy of Uppalapadu village is a factionist opposed to Bijjam Satyanarayana Reddy of Chennampalli. Both the factionists have large following in Owk, Kolimigundla, Koilkuntla and SanjamalaMandals. Both factionists kept changing political parties. He was detained under MISA during emergency.
2. Bijjam Satyanarayana Reddy of Chenmmpally Village (TDP-NCB):He is a factionist from Chennampalli village of Owk Police Station limits. He is opposed to Chella Ramakrishna Reddy of Owk with large following in Owk, Sanjamala, Kolimigundla and Koilkuntla Mandals. He was detained under MISA during Emergency.
3. Bijjam Partha Sarathi Reddy of Cehannapalli Village (TDP-NCB) :
He is the elder son of Bijjam Satyanarayana Reddy. He is a factionist in the footsteps of his father. He has following in Sanjamala, Owk, Kotimigundla and Koilkuntla Mandals and he is active.
4. Katasani Rambhupal Reddy of Gundlasingavaram (Congress-I) :
Katasani Rambhupal Reddy hails from Gundlasingavaram village of Owk Police Station limits. He is now sitting MLA of Congress-I and leads faction group against Bijjam Satyanarayana Reddy of Chennamapally. He has large following in Bnanaganapalli, Owk, Kolimigundla, Bethamcherla, Sanjamal and Nandivargam Mandals. Both of his uncles i.e., Katasani Rami Reddy and Katasani Siva Reddy are hard-core factionisls of Gundlasingavaram village with large following.
5. Pakkir Reddy of Sangapatnam Village (TDP) :
Pakkir Reddy belongs to Sangapatnam village of Owk Mandal. He presently resides in Ramapuram village due to Slab polishing business. He is opposed to Chella Ramakrishna Reddy of Owk, Yarrobotula Venkala Reddy of Nayunipalli. He has sizable following in Sangapalnam and Ramapuram and other neighbouring villages.
6. G. Pratap Reddy, M.P. of Yermgudidinne Village (Cong.) :
He hails from Yarragudidinne village of Sirivel Mandal. He is aMember of RajyaSabha (Cong.). He heads of faction group against Bhooma Nagi Reddy, Ex.MLA. Allagadda, Sirivella, Chagalamarri, Gosupadu and Rudravaram Mandals.
7. G. Prabhakara Reddy of Yerragudidinne Village (Cong.) :
G. Prabhakar Reddy of Yerragudidinne village is the younger brother of G. Pratap Reddy. He is a factionist oppose to B.V. Nagi Reddy, Ex. MLA., Allagadda.
8. Gangula Subhash Reddy of Yerragudidinne Village (Cong.) :
He hails from Yerragudidinne village. He is cousin brother of G Pratap Reddy. He is a much dreaded factionist in Allagadda and Nandyal Taluqs with sizable following.
9. Bhomma Nagi Reddy of Allagadda Town (TDP) :
He hails from Allagadda Town. He is sitting M.P. (TDP) from Nandyal Parliamentary Constituency. He is opposed to Gangulal Pratap Reddy of Yerragudidinne, Allagadda Assembly Conslituency is vertically split between these two factionists. Bhooma Nagi Reddy has large following in every village of Allagadda Assembly segment.
10. Budda Vengal Reddy of Velpanur Village fJ'DP-NCB) :
He hails from Velpanur village of Velugode Mandal. He was M.L. A. thrice in the past. He is a factioninst opposed to late Kedarnath Reddy of Velpanur. He has sizable following in Velugode, Almakur, Koltapalli, Pamulpadu and Gadivemula Mandals. He is involved in murder case of Hussain Saheb, Ex.-Sarpanch of Atmakur.
11. Budda Seeiharami Reddy of Velpanur Village (TDP-NCB) :
He is the elder son of Budda Vengal Reddy. He is an active faclionist heading faction group against the followers of late Kedarnath Reddy of Velpanur. He is involved in many cases.
12. Byreddy Rajasekhar Reddy of Muchumarri Village (TDP-NCB):
He hails from Muchumarri village of Pagidyala Mandal of Nandikotkur Assembly Constituency. He is a notorious factionist heading the faction groups against lateMaddur Subba Reddy in Nandikotkur Assembly Constituency. He has large faction following in Nandikotkur Assembly Constituency.
13. Lakshmi Narayana Reddy of Cherukulapadu Village (Cong-I) :
He hails from Cherukulapadu village of Veldurthi Mandal of Panyam Assembly segment. He is a factionist opposed to K.E. Jayanna faction group of Krishnagiri Mandal. He has sizable faction following in Veldurlhi Mandal.
14. Wane Sudhakar Reddy of Peapully Village (TDP-LP):
He hails from Peapully village. He is a factionist heading faction group against Chennaiah of Peapulti village.
15. RE. Krishna Murthy of Jaladurgam Village (TDP-NCB):
He hails from Jaladurgam village of Jaladurgam Mandal. He is a factionist heading faction groups against Watte Sudhakar Reddy of Paeapulli, R.E. Ravikumar of Dhone. He has sizable faction following in Jaladurgam, Peapully and Dhone Mandals.
16. K.E. Jayanna of Kambalapadu (TDP-NCB):
He hails from Kambalapadu of Krishnagiri Mandal. He heads the faction groups opposed to Narayana Reddy of Veldurthi, Watte Sudhakar Reddy of Peapulli and R.E. Ravi Kumar of Dhone. He is related to K.E. Krishnamurthy Ex-MLA of Dhone. He has sizable faction-following in above Mandals. He is an active factionist.
17. Venkatappa Naidu of Kappatrala Village (TDP-NCB) :
He is a notorious factionist from Kappatrala village of Devanakonda Mandal. He has sizable faction-following in Devanakonda Mandal. He heads faction group against the followers of Late P. Seshi Reddy of Ternekal, Murahari Reddy of Pattikonda, Raghava Reddy of Yedduladoddi, Kistanna of Kodumur.
18. Kottakota Prakash Reddy of Kottakota Village (TDP-NCB):
He hails from Kottakota village of Gudur Mandal. He is a factionist having faction groups against Vishnuvardhana Reddy of Yedurur village in Kodumur Assembly segment area He is sitting TDP MLA from Alampur Assembly Constituency of Mahboobnagar Dist. He has sizable faction-following in Kodumur Assembly segment area.
19. Vishnuvardhana Reddy of Yedurur Village (TDP-LP):
He is a factionist heading faction-groups against Kottakota Prakash Reddy in Kodumur Assembly segment area He has large faction following in the villages of Kurnool, Kodumur, C-Belagal and Gudur Mandals.
20. Erukala Kistanna of Kappatrala Village (Cong-I) :
Erukala Kistanna hails from Kappatrala village. He is now living in Kodumur. He heads faction-group against Venkatappa Naidu of Kappatrala village He has faction-following in Kodumur and Gonegangla mandals.
21. Pratap Reddy of Tuggali Village (Cong-I) :
He hails from Tuggali village of Tuggali Mandal. He heads faction-group against Nagendra of Tuggali village. He has faction-following in Tuggali Mandal.
22. Nagendra of Tuggali Village (TDP-NCB) :
He hails from Tuggali village of Tuggali Mandal. He heads faction-group againstPratapReddy of Tuggali. He has faction-following in Tuggali Mandal.
23. RE Ravi Kumar of Dhone (Cong-I):
He hails from Dhone and heads faction-groups in Jaladurgam Mandal against RE. Krishna, Murthy and against K.E. Jayanna in Krishnagiri Mandal. He has faction-following in Jaladurgam, Peapully, Dhone and Krishnagiri Mandals.
24. Gowru Venkata Reddy of Brahmanakotkur Village (Cong-I) :
He hails from Brahmana-Kotkur village. He heads faction-groups against Byreddy Rajasekhara Reddy in Nandikotkur Assembly segment. He has faction-following in number of villages in Nandikotkur Assembly segment.
25. Yarrabotula Venkata Reddy of Nayitnipalli (Cong-I) :
He hails from Nayunipalli village of Kolimigundla Mandal. He is a factionist opposed to Pakkir Reddy of Sangapatnam. He has sizable faction-following in Kolimigundla Mandal.'
The District Superintendent of Police has reported that in one case the petitioner was charged under Section 160 of the Indian Penal Code and convicted and sentenced to pay fine of Rs.100/- by the Judicial First Class Magistrate, Nandikotkur, in another case he is called upon to show cause under Section 107 of the Code of Criminal Procedure and in two other cases he is charged of the offence under various provisions of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act, in which, of course, no one is alleged to have sustained any injury and under Section 5 of the Explosive Substances Act, which is, however, yet under investigation for want of sanction orders from theCollector and District Magistrate, Kurnool. The faction, which has, according to the petitioner, threatened above reports, is led by Sri Byreddy Rajasekhara Reddy of Muchumarri village, who has to his credit five cases including that of dacoity, arson and rioting in which case, however, he has beenacquitted by the Assistant Sessions Judge, Nandikotkur, one case of similar nature, however, the Superintendent of Police states, was dropped in view of a Government order and one case, in which he is alleged to have participated in the murder of one Madduru Subba Reddy of Brahmanakotkur who was way laid and killed, is pending and he i.e., Byreddy Rajasekhara Reddy has obtained anticipatory bail. The District Superintendent of Police has stated in the report that all factionists in the District have political links and have been indulging in the faction-crime either directly or indirectly and 'factionists, since assumed the stature of a Politician in Kurnool District, faction-crime is also viewed as political crime.' He has given the alarming report that as most of the village in Kurnool District are highly faction-ridden, the faction leaders of each village owe their loyalty to political rivals at Mandal and Assembly Constituency level and as a result, every incident of faction-crime involving rival factionists at village has direct bearing on the law and order at Mandal and District level. The reports show that the faction murders, rioting have in the last three years taken toll of about 600 lives and inflicted physical injuries to as many as 1900 persons. The list of cases of faction murders for the year 1996 i.e., upto 30-9-1996 shows that incidents are quite widespread, fire arms and explosive substances are commonly used and dead bodies are disposed of unceremoniously in most objectionable manner. The Superintendent of Police has ended his report by stating as follows:
'As regards steps taken by police, in accordance with the law, I am to state that various preventive steps have been taken to contain the menace of faction. During the year, 1995,1508 countrymade bombs, 46 countrymade illicit fire-arms and 10 company made firearms were seized from the factionists. During the year 1996 so far 1965 countrymade bombs, 89 countrymade illicit fire-arms and 32 companymade firearms have been seized from the factionists. During the year 1996, so far 26 hired assassins with notoriouscriminal background have been arrested in various crimes in the District and a close watch is kept on their movements. I submit that a faction zone consisting of 1 Circle Inspector of Police, 3 Sub Inspectors of Police. 2 Head Constables and 8 Police Constables is formed in Kurnool District. The Faction zone is entrusted with the duty of detection of faction crime, conducting constant raids on various faction villages, seizure of illicit fire arms and bombs and nabbing of hired assassin gangs. Apart from the above, the following measures are being taken to tackle the faction:
(a) Systematic documentation of history of all factionists in Kurnool District.
(b) Systematic documentation of all hired-assassins including video-graphing, photo-graphing etc., in different postures and dress orders.
(c) Total dis-arming of all licensed firearms.
(d) Massive propaganda among the villagers about the adverse effects of their involvement in factions including how factionists are making use of them as pawns in their game of power and money politics, in order to bring attitudinal changes.
(e) Systematic and frequent village-visiting, collection of information by all S.Is., C.Is. and S.D.P.Os.
(f) Initiating security proceedings under Section 107 Cr.P.C. and 110 Clause (e) and (g) Cr.P.C. against factionists before Executive Magistrates.
(g) Improved Court attendance by Circle Inspectors and Sub-Divisional Police Officers and successful prosecution in all faction cases.
(h) Grouping of faction villages into 4 categories depending on the gravity of faction and strict implementation of faction bandobust scheme.'
We do not propose to discredit the report of the District Superintendent of Police insofar as his attempts to streamline ,,the police administration of the District is concerned and appreciate his efforts at least in showing concern for the maintenance of law and order and peace in the District. It is, however, still a matter of serious concern how, when faction leaders are fully identified and according to the report afore-mentioned, they are involved almost habitually in crimes, no deterrent action, except booking of some cases against them, has succeeded. Mr. K. Suresh Reddy, learned Counsel for the petitioner, learned Additional Advocate General and Mr. K.G. Kannabhiran, President of the High Court Bar Association have voiced the concern of the public at large and shared the Courts perception that all efforts should be made to improve the law and order situation in the District and to ensure that taking advantage of their political association, persons who otherwise can be identified as anti-social elements do not disturb the peace and the order and tranquility. All the learned Counsel are agreed that factions involved in crimes against each other are a real threat to the maintenance of law and order and peace and the Government of the Slate has to lake all possible measures to remove such regular incidents of crime from the District altogether. It is a fit case, in our opinion, to implead Challa Ramakrishna Reddy of Owk village, ' Bijjam Satyanarayana Reddy of Chennampally village, Bijjam Partha Samthi Reddy of Chennampalli village, Katasani Rambhupal Reddy of Gundlasingavaram, Pakkir Reddy of Sangapatnam village, G. Pratap Reddy of Yerragudidinne village, G. Prabhakara Reddy of Yerragudidinne village, Gangula Subhash Reddy of Yerragudidinne village, Bhoma Nagi Reddy of Allagadda Town, Budda Vengal Reddy of Velpanur village, Budda Rajasekhar Reddy of Muchumarri village, Lakshmi Narayana Reddy of Peapully village, R.E. KrishnaMurthy of Jaladurgam village, K.E. Jayanna of Kambalapadu, Venkatappa Naidu of Kappatrala village, Kottakota Prakash Reddy of Kottakota village, Vishmivardhana Reddy of Yedurur village, Erukala Kistanna of Kappatrala village, Pratap Reddy of Tuggali village, Nagendra of Tugali village, RE. Ravi Kumar of Dhone, Gown Venkaia Reddy of Brahmanakotkur village and Yarrabotula Venkata Reddy of Nayunipalli village as party-respondents and call upon to show cause why directions be not issued to the respondent-State Government, Director General of Police, Andhra Pradesh and the Superintendent of Police, Kurnool to take all steps to restrain them from indulging in all or any unlawful activities in the District of Kurnool and/or any other part of the State and why they be not subjected to such preventive orders which are deemed fit and proper. Since the District Superintendent of Police has reported that several measures are being taken to tackle the factions, we do not make any specific directions in this behalf at this stage. The District Superintendent of Police, however, is directed to furnish all relevant informations how the above-mentioned measures have been taken and how in course of implementing the above measures the newly added respondents have been dealt with.
Issue notice returnable in two weeks through the Director General of Police, State of Andhra Pradesh.
Put up after two weeks
ere upon the Court directed notices to all these respondents. We accordingly impleaded, to show-cause as to why actions should not be taken against them for preventive detention.
The 16th respondent is accused No. 6 in Crime No. 94/96 of IV. Town Police Station, Kurnool, relating to the alleged murder of Madduru Subba Reddy. The said case was pending trial - PRC No. 62 of 1996 onthe file of I-Additional Judicial First Class Magistrate Court, Kurnool. The Government by G.O. Rt. No. 722, Home (Police-F) Department, dated 20-3-1997, passed the following order: