Unfair To Give Police Protection Upon Payment, Undermines Idea Of Justice & Privileges Wealthy Over Vulnerable: HC Seeks Punjab DGP's Affidavit

The Punjab & Haryana High Court has criticised the State's Security Policy for providing police protection on making requisite payment, observing that It is inherently unfair for the financially well-off individuals to receive police protection simply because they can afford it.

Justice Harpreet Singh Brar said, "It is inherently unfair for the financially well-off individuals to receive police protection simply because they can afford it, as this creates a two-tiered justice system that privileges the wealthy over the vulnerable."

The Court further said that in a society that values equality, access to public services, including law enforcement, should be based on need and risk, not economic status. When only those with the financial means can afford additional security, it exacerbates existing inequalities and undermines the principle that all individuals are entitled to the same level of protection under the law.

"This not only fosters resentment and division but also suggests that wealth equates to greater worth, which undermines the idea of justice as a universal right," it added.

Consequently, the Court asked the Director General of Police, Punjab to file an affidavit mentioning the following information:

(i) The comprehensive policy qua providing police personnel for personal security of private citizen. It is further directed that the latest policy in this regard also be annexed with the affidavit.

(ii) The Standard Operating Procedure, if any, with respect to the district police chiefs deploying police personnel for security of private individuals.

(iii) The officer(s) authorized to grant police protection, on payment or otherwise.

(iv) The criteria for appraising a threat perception in order to determine whether police personnel are required to be provided from battalion and district.

(v) The appointment of any nodal officers for periodic reassessment, and the prescribed timeline for the same.

(vi) The number of police personnel, including their battalions and districts, that have been deployed towards providing security to private citizens as well as the number of protectees.

(vii) Also indicate whether any discretionary power vests in the Incharge, Security, Punjab or District Police Chiefs to provide security to private citizens, by deviating from the policy.

The Court was hearing a plea filed by Baljinder Kaur and the petitioner in this case alleged that one Inderjit Singh who was provided security by the Ludhiana police, was harassing her in a dispute over a plot.

The Court noted that Inderjit Singh was provided a gunman by Punjab police ADGP (Security) on payment as per the state's new policy. The gunman was provided on payment of salary, pensionary benefits, and Rs 12,000 (per month) as facilitation charge to be paid by the protectee.

While listing the matter for March 25, the High Court directed the DGP to furnish the said affidavit within a period of four weeks from the date of receipt of the order.

Title: BALJINDER KAUR AND ANR VS STATE OF PUNJAB AND ORS

Mr. P.S. Punia, Advocate for the petitioners.

Mr. Subhash Godara, Addl. A.G., Punjab.

Click here to read/download the order