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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Om Prakash Soni – Appellant
Versus
State Of Punjab & Ors. – Respondents
CWP-11872 of 2022
Decided On : 30-05-2022
Security Decategorization - Petitioner - The court directed the State to provide relevant material to assess whether the withdrawal/down-gradation/de-categorization of security was based on objective data and whether the order had become public through RTI information or leakage.
Fact of the Case:
The petitioner's security was de-categorized without individual assessment or issuing a show cause notice, along with the withdrawal of security for other individuals.
Finding of the Court:
The court directed the State to provide relevant material to assess the basis of security de-categorization and the public availability of the order.
Issues: De-categorization of security without individual assessment and public availability of the order.
Ratio Decidendi: The court's decision was influenced by the need to determine whether the de-categorization was based on objective data and whether the order had become public through RTI information or leakage.
Final Decision: The case was adjourned for the State to provide relevant material and for further listing after the urgent list.
ORDER
1. Learned counsel for the petitioner contends that decategorization of the security of the petitioner is not on account of any individual assessment made by the committee on the basis of any inputs. The de-categorization has been done without issuing any show cause notice to the petitioner and associating the petitioner in connection with any information. Learned counsel further submits that the security of number of persons has been withdrawn vide common order dated 11.05.2022.
2. Notice of motion for 02.06.2022.
3. On the asking of the Court, Mr. Gaurav Dhuriwala, Sr. DAG, Punjab accepts notice on behalf of the State and Ms. Saigeeta Srivastava, Advocate accepts notice on behalf of Union of India.
4. Learned State counsel is directed to bring relevant material in a sealed cover for perusal of the Court in order to see whether withdrawal/down-gradation/de-categorization of security of beneficiaries has been done on the basis of some objective data. Information in respect of order dated 11.05.2022 being available in public domain be also brought on record. Relevant information as to whether the order has become public on account of any RTI information or leakage or in collusion of someone having access to the order in question be also brought on record by the adjourned date.
5. To be listed after the urgent list.
Security provision is contingent on current threat assessments, which must be evaluated by the Security Review Committee, and not guaranteed based on past positions.
Profession - Refusal to provide petitioner personal security - High court while exercising writ jurisdiction under Art 226 of Constitution, cannot substitute its decision to decision of competent Aut....
The decision of the State agency regarding special security is based on subjective satisfaction and is not subject to judicial review unless it is unreasonable according to the Wednesbury principle.
The assessment of special security need and the decision to provide or withdraw it lies with the state, based on administrative discretion and can only be challenged on the grounds of Wednesbury unre....
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