'Shortage Of Police Prolongs Trial, Erodes Public Trust': High Court Seeks Details From Punjab DGP On Security Cover Given To VIPs

Expressing concern over police personnel involved in providing security cover to VIPs and others, the Punjab & Haryana High Court has said that deploying them for security purpose has a reverse impact on the condition of law and security in general.

The Court sought details from Punjab DGP on security cover provided to VIPs and individual persons under State Security Policy.

Justice Harkesh Manuja said, "The shortage of police personnel in the field is a significant factor, compounded by delayed investigations and prolonged trials, all cumulatively contribute towards the law and order situation. Moreover, beyond their immediate impact, these circumstances erode the trust of ordinary citizens in the system."

Over time, this loss of faith poses a serious and substantial threat to the citizens, including witnesses, compelling the state to provide them with security measures, the Court said.

The development came while hearing anticipatory bail petitions of three accused persons booked in 2019 in a case pertaining to Sections 377, 388, 389, 109, 115, 116 and 120-B of IPC.

The Court noted that,"FIR was filed almost 6 years ago and till date only one witness has been examined. While the witness in this case expressed threat to his life and he was also provided a police personal for ensuring his safety."

It said that deploying police personal for security purpose also has a reverse impact on the condition of law and security in general.

The judge referred to Om Prakash Soni vs State of Punjab and others" [CWP Nos.11872 of 2022 (& other connected cases)], stating that, "a Co-ordinate bench of this Court observed that the demand of security cannot be on the basis of displaying an authority of symbol or to flaunt the status as a very important person and no privileged class can be created on the State's expense by using money of taxpayers."

In these circumstances, it becomes imperative for this Court to examine the basis on which security has been provided to the individuals, the Court opined.

The Court noted the norms and guidelines for granting security cover to individuals have been laid down in State Security Policy, 2013 which has been notified by the State of Punjab in September 2013 in view of directions issued by the Apex Court in 'Abhay Singh vs. State of U.P. and others'[SLP No.25237 of 2013].

Consequently, the Court directed the DGP Punjab to file an affidavit providing following information with respect to the State Security Policy, 2013 apart from placing on record a copy of the policy, before the next date of hearing:-

(i) What is the frequency of periodical assessment of threat perceptions to the individuals provided with the security?

(ii) Excluding ex-officio persons, how many individuals in cluding VIPs, VVIPs, Citizens are assigned Security Personal(s) as on date under different categories?

(iii) How many individuals are provided with security against payment and at what percentage? What is the total expenditure incurred by the state on providing security and how much is it able to recover from the payments made by the protectee?

The matter is listed for April 29, for further consideration.

Arjun Kapoor, Advocate and K.S. Kang, Advocate for the petitioner(s).

Athar Ahmed, DAG, Punjab.

 H.S. Oberoi, Advocate for the complainant.

Title: RAJAN KAPUR VS STATE OF PUNJAB

Click here to read/download the order