Uttarakhand High Court Directs State To Revisit Decision Granting Y+ Security To MLA Umesh Kumar Sharma

The Uttarakhand High Court on Monday (July 8) directed State's Home Department to revisit its decision granting Y+ security cover to the Independent MLA Umesh Kumar Sharma at the cost of the public exchequer.

The bench comprising Justices Manoj Kumar Tiwari and Pankaj Purohit directed the Department's Secretary to have the threat perception to MLA Sharma, re-assessed by a committee consisting of senior officers, as per norms and thereafter decide as to whether the security cover provided to MLA Sharma deserves to be further continued or not.

Sharma, who is an Independent MLA, represents Haridwar's Khanpur Constituency in the Uttarakhand Legislative Assembly. A Public Interest Litigation (PIL) was seeking direction from the High Court to the Uttarakhand Government to review the decisions granting Y+ security to him.

The petitioner stated that despite having two armed gunners, the grant of Y+ security as well as permanent police guards at Sharma's residences at Haridwar and Dehradun speaks volumes for not only the kind of influence and closeness he has in the corridors of power but also how the public at large and public exchequer has been adversely and substantially affected.

The petitioner further stated that the grant of additional security is used by Sharma not only as a status symbol but also to harass and create an environment of fear amongst the common citizens.

Previously, the Court vide order dated 29.03.2023 had ordered the State to submit a status report regarding threat perception to Sharma in a sealed cover.

After perusing the report, the Court found that there was no direct threat to his life. Earlier one gunner was given to him by virtue of his status as a MLA, thereafter the committee had recommended granting one more gunner to Sharma on the ground that he had to travel at odd hours due to political reasons, and there was a possibility of an attack on his life by his political rivals and criminals.

Referring to the aforesaid decision of the Court, the petitioner protested against the decision of the State Government to provide Y+ security to Sharma.

Without going into the merits of the case, the Court found it appropriate to direct the Secretary of the State's Home Department to re-visit the decision after considering all relevant aspects of the matter within four weeks.

Case Title: BHAGAT SINGH Versus STATE OF UTTARAKHAND, WPPIL/38/2023

Click here to read/download the order