JUDGMENT (Oral)

Mr. Vinod S. Bhardwaj, J.

Prayer in the present petition is to grant personal security to the petitioner, who is apprehending danger and threat to his life on account of being an active person in political affairs and in public life.

2. The petitioner claimed that he is associated with a political party namely Shiromani Akali Dal (B) and has been the General Secretary of Majha Zone of Youth Akali Dal and is also core committee member of Youth Akali Dal. It is claimed that the petitioner has also remained political advisor to Ex- Minister in the Government and has been an Officer on Special Duty to the said Ex-Minister. He also claims to have contested the election for being elected as a Member of Legislative Assembly from Amritsar (South) Constituency. Despite having lost, he has been working hard for the wellbeing of the residents of his constituency. It is contended that the anti-social elements and gangsters have been extending threats to persons who are involved in public life and espousing public concern and matters relating to the law and order situation in Punjab. The petitioner suspected that he is being followed by anti-social elements and have submitted representations to the Police Authority for providing adequate security. Such representations dated 18.12.2018, 02.04.2019, 03.03.2020 and 02.02.2021 have also been appended alongwith the present petition.

3. Written statement on behalf of respondents No.1, 3 and 6 i.e. the Secretary, Department of Home Affairs, The Director General of Police, Punjab and the Senior Superintendent of Police (Rural), Mall Mandi, Amritsar has been filed by way of an affidavit of Manavjit Singh, Deputy Superintendent of Police, Sub-Division Attari, Amritsar (Rural), wherein it has been averred that the office of the Addl. Director General of Police (Security), Punjab had sought a report from respondent No.5 - the Commissioner of Police, Amritsar on 05.07.2022 regarding the threat perception and the same was further forwarded to respondent No.6 - Senior Superintendent of Police, Amritsar (Rural) on 08.07.2022.

4. A detailed report No.21400/SB dated 06.08.2022 was, thereafter, submitted in the office of respondent No.4 by the Senior Superintendent of Police. It has been reported that the petitioner was provided security cover during the election period as per the norms of the Election Commission of India and the same was withdrawn after his defeat in the said elections. Further, an FIR No.34 dated 30.03.2022 had been got registered by the petitioner under Section 336 IPC read with Section 25 of the ARMS ACT , 1959 at Police Station Kamboj Amritsar (Rural) against certain unidentified persons. As per the report, there was no threat or letter received by the petitioner from any terrorist, separatist organizations or gangsters before or after registration of the FIR and that a discrete inquiry was also conducted as per which no threat perception has been found. It was thus recommended that there was no occasion to provide any kind of police security to the petitioner.

5. The abovesaid report had been appended by the respondent alongwith their reply dated 08.08.2022. No response/rejoinder to the same has been filed by the petitioner till date. Hence, the response filed by the respondents remains uncontested/uncontroverted.

6. A Division Bench of this Court in the matter of "Jaskirat Singh Chahal v. State of Punjab and others" bearing LPA No.2165 of 2017 decided on 28.03.2022 has held as under:

"Seeking a personal security officer is not a vested right of any person. A person beseeching indulgence of the Court has to make out a strong exception by demonstrating the apprehension to be real and