IMPORTANT POINT
Assessment of real threat perception and granting security at the state's cost only in compelling cases linked to public or national service.

JUDGMENT

1. This writ petition has been filed by the petitioner to issue a writ of mandamus directing the respondents to reconsider and review the impugned order dated 5.8.2022 so that in-house security escort can be provided to the petitioner in view of the continuous threat perception to the life of the petitioner and his family.

2. Heard Mr. H. S Paonam, learned senior counsel for the petitioner and Mr. Niranjan, the learned Government Advocate for the respondents.

3. The case of the petitioner is that he was a candidate of National People's Party of 6-Keirao Assembly Constituency in the 12th Manipur Legislative Assembly Election 2022. The petitioner often received several threat from different banned organisations and he requested the Chief Secretary, Director General of Police, Superintendent of Police, Imphal East and Officer-in-Charge of Irilbung Police Station to provide well trained and physically fit security personnel on 2.6.2022. Since the said authorities have not taken any steps, he filed a writ petition in WP (C) No.446 of 2022 for considering his grievance. By the order dated 17.6.2022, this Court directed the Director General of Police, Manipur to consider the representation of the petitioner dated 2.6.2022 and pass orders within a period of one month from the date of receipt of copy of the order. This Court also observed that at the time of considering the representation, the DGP shall take into consideration the threat perception to the petitioner as reflected in the document at Annexure- 1 to the writ petition. Pursuant to the order dated 17.6.2022 passed in the said writ, the DGP passed the impugned order, wherein at paragraph 5, the DGP stated that the Superintendent of Police, Imphal East District to provide security coverage to the petitioner by way of police mobile patrol till further orders. Therefore, appropriate orders may be issued for providing full security escort to protect the life of the petitioner and his family by reconsidering and reviewing the order dated 5.8.2022.

4. Mr. H.S Paonam, learned senior counsel for the petitioner submitted that the third respondent issued the impugned order stating that there is no specific threat of life on the petitioner on one hand and on the other hand, signal of the Police Head Quarter has indicated threat perception to the petitioner requiring security coverage and on that ground, the impugned order needs to be reconsidered and reviewed by appreciating the actual attending facts and circumstances of the threat perception of the petitioner.

5. The learned senior counsel further submitted that the impugned order has been passed without considering the actual threat perception to the petitioner and since the petitioner repeatedly receiving threat to his life and his family, detailing of security for the petitioner and his family would be highly necessary for avoiding unwanted incidents disturbing the vested right of the petitioner. Therefore, an appropriate order may be passed for detailing one police mobile patrol at the gate of the petitioner 24x7 and that if the petitioner and his family are not fairly protected, the fundamental rights of the petitioner will be violated and the same would cause serious disturbance of law and order in the State. Thus, a prayer is made to allow the writ petition, thereby reviewing and reconsidering the impugned order dated 5.8.2022 and provide in-house security escort to the petitioner and his family.

6. Per contra, Mr. S. Niranjan, the learned Government Advocate appearing for the respondents submitted that pursuant to the order of this Court dated 17.6.2022 passed in WP (C) No.446 of 2022, the DGP considered the representation of the petitioner and, accordingly, passed an order to the effect that the existing security arrangement will continue till further orders and the same shall be reviewed time to time and deployment shall be made accordingly.

7. Placing on record the letter of the Superintendent of Police/CID (SB), Manipur,