'De-categorization of security may lead to more severe attacks': Punjab & Haryana High Court orders fresh security audit of 45 protectees

The Punjab and Haryana High Court on Monday ordered fresh assessment of security threats of 45 Punjab politicians and others, who had approached the high court against the state government’s decision of withdrawing or truncating their security cover.

Court observed that “de-categorization of security” may sometimes prompt inimical anti-social elements to take drastic steps to overcome the de-categorized security in order to attack the protectee.

However, Court added that all these events are subjective in nature and no general opinion can be formed at the present stage as the same is the State subject for which the competent authority is to form an opinion on the basis of different inputs.

The State Government in May this year withdrew/de-catagorized the security cover given to hundres of people in the State. This issue courted controversy after renowned Punjabi singer and Congress leader Sidhu Moosewala was killed in Mansa in broad daylight, a day after his security cover was partially withdrawn.

Thereafter, 45 protectees including former Deputy Chief Minister of State, Om Prakash Soni moved the court assailing the action of withdrawal and de-categorization of their security cover on the ground that the action was against the principles of natural justice and the lists containing names of protectees were brought under the public domain which further aggravated their threat perception.

To be noted, Moosewala's name was also on one of such lists.

The petitioners further claimed that withdrawal and de-categorization of the security cover was a result of populist action being taken by the Government, instead of assessment of actual serious threats to their lives.

In order to ward off the continued apprehension of the protectees in view of bringing the issue of withdrawal of security under public domain, Court directed the competent authority to carry out fresh assessment of the threat to petitioners.

The bench of Justice Raj Mohan Singh further ordered the authority to consider available inputs from different agencies, including state and Central agencies in the process.

The bench also made it clear that the existing security cover provided to the protectees even under the court orders would remain in force till fresh assessment.

"Qua the petitioner(s), who have not been provided any protection, the respondent-State shall form an opinion on the basis of threat perceptions of the individuals and shall act in accordance with the law," Court added while disposing of the petitions.

Case Title: Om Prakash Soni v. State of Punjab and Ors. & other connected cases