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2023 Supreme(P&H) 3072

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

Advocates Appeared:
Mr. Manjit Singh Khaira, Sr. Advocate with Ms. Hanima Grewal, Advocate; For the Petitioner
For the Respondent: Mr. Gaurav Garg Dhuriwala, Addl., A.G., Punjab.

Headnote:(A) Security cover - Dynamic assessment of threat perception - The petitioner sought restoration of Z+ security diminished to Y+ without fresh assessment of threat perception, originally granted due to political status and threat assessment post-conviction - Key reported threats highlighted include alleged gang targeting - Duty of competent authority to analyze threat based on factual inputs. (Paras 2, 6, and 9)

(B) Judicial interference - The court emphasized that providing security cover is not a static issue and must be subject to ongoing assessment without undue influence from the judiciary, which should minimize interference in matters of state jurisdiction. (Para 11)

Facts of the case:
The petitioner was a former Minister and politically significant figure, originally afforded Z+ security due to perceived threats but had his security level lowered following a one-year prison sentence stemming from a road rage case linked to 1988. The reduction of security occurred without new threat appraisal.

Findings of Court:
The court directed the competent authority to reassess the threat perception thoroughly while considering the petitioner’s concerns about his security status.

Issues: The court addressed the inadequacy of threat assessment leading to security downgrades and the dynamic nature of security needs against the backdrop of individual threats.

Ratio Decidendi: The court maintained that an effective security measure must come from updated assessments, not merely from past factors, affirming that adjustments must be made according to current threat perceptions.

Result: Writ petition disposed of with instructions for reassessment.

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

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