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RAJ MOHAN SINGH
Navjot Singh Sidhu – Appellant
Versus
State of Punjab – Respondent
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:-
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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