Security assessments for political leaders fall within the jurisdiction of designated security agencies, and courts cannot intervene unless there is a clear failure to act.

JUDGMENT :

01. Through the medium of the instant writ petition, the petitioner has sought the following reliefs:-

(a) Writ of certiorari quashing the order No. SHQ/Legal/OWP-07/2024/19540-42 dated 30.08.2024 issued by Inspector General of Police, Security J&K, Srinagar and order No. Legal/ZPHQ/WPC-548/2024/21908-911 dated 02.09.2024 issued by Additional Director General of Police, Jammu Zone, Jammu.

(b) Writ of mandamus directing the official respondents to provide the security (Personal Security Officer) to the petitioner herein in view of his status as Chief Organizer of Sewa Dal All India Congress Committee.

02. The instant petition is by way of second round of litigation. Record reveals that the petitioner has already filed a writ petition bearing WP (C) No. 548/2024 which came to be disposed of by this Court on 15.03.2024 in the following manner:-

“Learned counsel for the petitioner while making his submissions in line with the contentions raised in the petition would pray for disposal of the petition at this stage with an innocuous direction to the respondents to consider the representation of the petitioner submitted for providing security cover to the petitioner being a political activist and Chief Organizer of Sewa Dal All India Congress Committee (J&K), Jammu.

Ms. Priyanka Bhat, Assisting counsel appearing vice Mrs. Monika Kohli, Sr. AAG is not opposing the prayer made by the learned counsel for the petitioner.

In view of the aforesaid submissions made by the appearing counsel for the parties, the present petition is taken up for final disposal and is disposed of with a direction to the respondents to consider the representation submitted by the petitioner for providing him the security cover on account of threat perception taking into account the CID report and allied material.

Disposed of”

03. Pursuant to the aforesaid order, the threat perception of the petitioner was assessed and by virtue of communication dated 02.09.2024, (which is impugned in the present petition) the Additional Director General of Police, Jammu Zone, Jammu has conveyed to the Senior Superintendent of Police, District Jammu that the threat perception of the petitioner was assessed through field agency and the report was obtained which reveals that there is no specific threat to the petitioner in District Jammu. The communication further reveals that a report in this regard was also received from the Security Headquarters J&K vide communication No.SHQ/Legal/OWP-07/2016/10432-33 dated 16.05.2024.

04. Thus, the threat perception of the petitioner was assessed and the order passed by this Court mentioned (supra) in WP (C) No. 548/20224 was complied with. The instant petition has been preferred by the petitioner on the ground that the petitioner being a Chief Organizer of Sewa Dal All India Congress Committee (J&K), Jammu and his request for providing security was not considered by the respondents and feeling aggrieved of the same, the petitioner had already approached this Court by way of writ petition bearing WP(C) No. 548/2024 in the first round of litigation which was disposed of with the direction to the respondents to consider his representation for providing him the security cover on account of threat perception taking into account the CID report and allied material.

05. Learned counsel for the petitioner submits that the said request of the petitioner for granting personal security has been dealt with in a very casual manner.

06. Learned counsel further submits that since the petitioner is a Chief Organizer of Sewa Dal All India Congress Committee (J&K), Jammu and during election he has to go for election campaign not in Jammu District, but in whole of the Jammu and Kashmir Provinces as well. He further submits that being a political leader, the Home Ministry of India has categorically said that security will be provided to each and every political worker irrespective of any party and since the petitioner belongs to a National Party, the rejection of t