IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJ MOHAN SINGH, J.
Navjot Singh Sidhu – Petitioner
Versus
State of Punjab & Ors. – Respondents
CRWP NO. 3997 of 2023 (O&M)
Decided On : 01-06-2023
| Table of Content |
|---|
| 1. writ petition for restoration of security. (Para 1 , 2) |
| 2. status of motion and security reduction. (Para 3) |
| 3. threat perception reports considered. (Para 4 , 5 , 6) |
| 4. confidentiality of threat reports emphasized. (Para 7 , 8) |
| 5. need for ongoing security assessment. (Para 9 , 10 , 11) |
| 6. writ petition disposed with observations. (Para 12) |
JUDGMENT
Mr. Raj Mohan Singh, J.
The petitioner has preferred this writ petition for the issuance of a writ in the nature of mandamus, directing the respondents to restore Z+ security of the petitioner, which has been reduced to Y+ without any notice to the petitioner.
2. Notice of motion was issued on 27.04.2023 on the premise that the petitioner by virtue of his political status and threat perception was granted Z+ security. Thereafter, the petitioner was awarded one year sentence in road rage case in case bearing FIR No.224 dated 27.12.1988 under Sections 304 , 34 IPC at Police Station Kotwali, Patiala. At the time when the petitioner surrendered, the competent authority issued a letter dated 20.05.2022 to the effect that when the petitioner will come out of the jail, his Z+ security shall be restored immediately. The petitioner was released from the jail on 01.04.2023, but instead of restoring the Z+ security, his security cover has been slashed down to Y+ category without their being any fresh assessment in respect of his threat perception based on different inputs.
3. Thereafter, on 05.05.2023, following order was passed:-
"Status report has not been filed.
Learned State counsel submits that in pursuance of the order dated 27.04.2023, the process has been started thereby calling upon the inputs from different quarters including the petitioner. The petitioner was having Z+ security at the time when he was awarded one year sentence in a road rage case bearing FIR No.224 dated 27.12.1998 registered under Sections 304, 34 IPC at Police Station Kotwali, Patiala. At the time of his surrender, the competent authority had issued an intra departmental communication in the context that whenever the protectee will come out of the jail, his Z+ security shall be restored immediately. This Court in CWP No.11872 of 2022 decided on 22.08.2022 has already passed an order for analyzing the threat perception of the protectee as well at the time of assessing overall threat perception based on the inputs provided by the central as well as State agencies. Learned State counsel has pointed out that thereafter the State has slashed down Z+ security of the petitioner to Y+ security.
The State may point out, whether at the time of reducing the security of the petitioner, the threat perception of the petitioner was ever taken into consideration or not.
Adjourned to 12.05.2023."
4. Thereafter, the status report was filed by the respondents No.1 to 3 along with a sealed cover. Threat perception report in respect of the petitioner has been received in a sealed cover. According to the aforesaid report, following report has been sent by the Special Director General of Police, Internal Security, Punjab to the Additional Director General of Police, Security, Punjab vide memo No.8697 dated 09.05.2023:-
SECRET
"From
Special Director General of Police,
Internal Security, Punjab.
To
Additional Director General of Police,
Security, Punjab.
Memorandum no.: 8697/DVS
Dated: 09/05/2023
Subject:-Threat perception report with regard to Sh. Navjot Singh Sidhu, former Minister, Punjab and Member, All India Congress Committee, s/o Sh. Bhagwant Singh Sidhu, r/o #110, Holy City, Ghumtala Road, Amritsar and #26, Yadwindera Colony, PS Lahori Gate, Distt. Patiala.
Memo:
Please refer to your office Memo No.20497/DDSB, dated 03.05.2023, on the subject cited above.
2. The matter regarding fresh threat perception of Sh. Navjot Singh Sidhu has been examined in this office. He is a Member, All India Congress Committee. He is "Y+ category" protectee of Punjab State.
3. He remained in Indian Cricket Team from 1983 to 1998. Thereafter, he joined BJP
AI
Security provision is contingent on current threat assessments, which must be evaluated by the Security Review Committee, and not guaranteed based on past positions.
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.
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....
Assessment of real threat perception and granting security at the state's cost only in compelling cases linked to public or national service.
The court emphasized the need for a comprehensive threat assessment before withdrawing personal security, recognizing the dynamic nature of threats faced by individuals in political and business cont....
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