Excelsior Correspondent
Srinagar, Dec 13: The High Court today directed the authorities to assess the threat perception to political activists and provide security cover to them as per their entitlement.
Hearing an appeal filed by various petitioners who claim to have affiliated with various political organization challenging the order of writ Court whereby the Government order cancelling their allotment of rooms, possessed by them was upheld and their plea to quash the said order was dismissed, the Division Bench of Justice Ali Mohammad Magrey and Justice Sanjeev Kumar while disposing the appeal by providing the authorities to assess their threat perception in tune with governing guide lines.
DB directed the respondents to assess the threat perception of the petitioners in tune with the guidelines as laid down in the yellow book, by the competent authority. “In the event, the respondents come to the conclusion that the petitioners have threat perception, they shall be accordingly provided security cover and accommodation as per their entitlement”, read the order.
It is by virtue of order No. Scc/J&K/Estates/P07/2017-18/2529-38 dated 26.04.2018, whereby, Estates department cancelled the allotment of rooms, possessed by the petitioners questioned the same in the writ petition, seeking its quashment with further prayer to allow the petitioners and their families to continue to reside in the allotted accommodations.
It is further stated that the respondents on assessing threat perception to them as well as their families, have granted them the status of protected persons and allotted government accommodations in their favour.
Estates department by virtue of order impugned, the allotment of one room out of allotted two room set, was cancelled, therefore they approached the court with the contention that they being migrants, are entitled to same amenities as are being provided by the Government to the Pandit migrants.
The Government, in opposition to the plea of these persons, submitted that there is well defined policy regarding providing secured accommodation to individuals facing security threat.
“…the threat perception report got assessed by the CID wing of J&K Police, through field agencies and the individuals facing security threat, are categorized by the Security Review Committee in accordance with the guidelines of Ministry of Home Affairs, Govt. of India as laid down in yellow book and accommodation is accordingly allotted”, the Government said.
State counsel further added that merely being in politics or contesting elections, does not entitle an individual for security cover/secured accommodation in absence of any specific threat.
Court after hearing both the parties and in view of the ruling of the Court said there is no denial of the fact that the assessment of the threat perception of an individual is the sole domain of the Security Review Committee, which may form ground for claiming accommodation at a secured place.
Court, however, made it clear that it is not dealing with a case where the accommodation provided to the persons is withdrawn as a sequel to the decision of the Security Review Committee for assessment of threat perception to them is dealing with a case where admittedly the petitioners have been provided the accommodation of two room set and subsequently, in terms of order impugned, the accommodation of one room was cancelled on the ground that they are occasionally using the same.
Court recorded that it has no mechanism to assess the threat perception of an individual, approaching the Court as the mechanism is provided in terms of guidelines laid down in the yellow book while providing for quantum of security cover to be provided to the protected persons of respective categories.
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