Individuals May Be Granted Security Cover Due To Threat Perception On Full Payment Basis: Govt's Tell Punjab & Haryana High Court

The Governments of Punjab and Haryana and UT Chandigarh have submitted a Standard Operating Procedures (SOP) on providing security cover to individuals against threat perception and also about charges payable against it.

The development came after Justice Harskesh Manuja had sought details from the Punjab DGP on security cover provided to VIPs and individual persons under the State Security Policy.

In a detailed SOP submitted by the Punjab Government, it is stated that if the person is facing threats from militant outfits, the underworld, criminal syndicates gangs, political rivals etc. before providing security to them, threat perception reports will be taken from the State intelligence agencies.

Agencies carrying out threat assessments will take all relevant facts into consideration before recommending security cover. These factors could inter-alia include:

i) Role of the person in the fight against terrorism and anti-national elements.

ii) Ideology and worldview of the individual, which may not be to the liking of fundamentalist, radical and extremist organizations/elements.

iii) Political activities and association of the individual with a particular sect/organization/association/ party, which may not be to the liking of fundamentalist, radical and extremist organizations.

Security on Payment Basis

The SOP submitted by Punjab stated that security personnel of the State police could be provided to private individuals in certain cases on a full payment basis in case they are facing a threat to their life from criminal gangs & criminals. However, a threat assessment and background check of the individual would be mandatory before providing such security personnel to private individuals.

"Only a limited number of police personnel would be provided to one individual, on the specific orders ofDirector General of Police, Punjab keeping in view the requirements and the availability of force for Law &Order duties. Private individuals cannot demand security personnel from the State as a matter of right. And such security personnel can be recalled for public service at any time by the DGP," it added.

Security Review

It also states that the security will be reviewed as per MHA guidelines in every six months. "A State Level Review Committee (SLRC) would be set up for this purpose, which would obtain fresh Threat Perception Reports and carry out such security reviews every 6 months," it stated.

Similarly, the Haryana Government in the SOP submitted that "An applicant whose gross income from all known sources is less than rupees three lakhs a month or the market value of his assets (excluding the value of one residential house where the applicant primarily resides) is less than rupees three crores, shall be deemed not to have the financial capacity to pay for the security cover provided to them, unless he consents to pay for such security cost."

 In addition to the basic cost, a facilitation charge of Rs. 12,000 per month per security person shall be levied, it added.

The Haryana Government, also submitted that in order to secure the payment of the cost of security to the State to whom police protection is granted, it will be mandatory for the applicant to submit an appropriate Bank Guarantee or Fixed Deposit in favour of the appropriate authority of the Haryana Police equivalent to six month's Protection fees payable by him or her to the State, at the time of confirmation of grant of police protection to them.

Arjun Sheoran, DAG, Punjab.

Rajiv Sidhu, D.A.G., Haryana.

Manish Bansal, Public Prosecutor for UT, Chandigarh.

Title: Rajan Kapur V. State of Punjab