JUDGMENT : 1. The petitioner, who claims to be a political worker in the mainstream, upon feeling the threat perception to his life and property, approached the respondents for providing him security and accommodation. The respondents, upon consideration of the said request of the petitioner, conveyed their regrets with reference to providing him any accommodation in terms of communication dated 20th of October, 2016. 2. The petitioner, being aggrieved of the aforesaid decision of the respondents, challenged the same by the medium of instant petition, whereby he has sought the indulgence of this Court in granting him the following reliefs: i. “Writ of Certiorari quashing the impugned letter dated 20.10.2016 forming Annexure-C to the petition. ii. Writ of Mandamus commanding the respondents to accommodate the petitioner suitably as per his political status; iii. Writ of Mandamus commanding the respondents to consider his pending representation forming Annexure-D to the petition.” 3. On notice, the respondents have filed their reply in opposition to the writ petition, wherein at Paragraph Nos.2 to 4 of the Parawise reply, it has been stated as under: 2. In reply to the paras 2 to 4 of the writ petition, it is submitted that the threat perception as mentioned by the petitioner does not hold ground, as the threat perception assessed by the CID Wing through its field agencies are entertained/ considered and accordingly security cover is being provided as per the quantum of threat faced by an individual. Besides, SSP Security J&K was directed to make necessary arrangements with regard to his secured hotel accommodation and as per SSP Security J&K order issued under Endstt. No. Sec/J&K/Court-67/PP-06/2016-17/2606-08 dated 11th of May, 2017, secured Hotel Accommodation in Hotel Manoranjan, Indra Nagar, Srinagar, stands allotted to the petitioner. 3. That in reply to para 4 of the writ petition, it is submitted that the provision of security cover to an individual facing threat is governed by the guidelines of Ministry of Home Affairs Govt. of India as laid down in Yellow Book which is a classified document. Since, the threat perception in favour of an individual is got assessed through field agencies, which involves considerable time for assessment and on the basis of quantum of threat faced by an individual, the security cover in the shape of PSO/accommodation is being provided accordingly.
of India as laid down in Yellow Book which is a classified document. Since, the threat perception in favour of an individual is got assessed through field agencies, which involves considerable time for assessment and on the basis of quantum of threat faced by an individual, the security cover in the shape of PSO/accommodation is being provided accordingly. Moreover, secured hotel accommodation is not readily available with the state respondents, they are being hired after a laid down procedure and the urgency urged by the petitioner for same does not hold any ground. However, SSP Security J&K vide his office issued under Endstt. No. Sec/J&K/Court-67/PP-02/2016-17/2606-08 dated 11-05-2017 has allotted secured hotel accommodation to the petitioner in Hotel Manoranjan Indra Nagar Srinagar. 4. That in reply to the contents made in paras 5 & 6 of the writ petition and in compliance to the interim directions passed by the Hon’ble court, threat perception report in respect of the petitioner was sought from CID Hqrs and upon consideration of the report so received from CID Hqrs vide letter dated 06-02-2017, a speaking order was passed by this Hqrs vide order Endst. No.SHQ\Legal/OWP-27/2016/9284-89 dated 01-04-2017 whereby SP Polcie District Awantipora has been directed to take necessary security care of the petitioner in case of his local threat. Besides, SSP Security J&K Jammu was also directed to make necessary arrangements with regard to his secured hotel accommodation, which stands allotted to him by SSP Security J&K vide his office order issued under Endstt. No. Sec/J&K/Court-67/PP-06/2016-17/2606-08 dated 11-05-2017 in Hotel Manorangan Indra Nagar Srinagar. Copy of the regards the accommodation provided to drivers, clerks and peons, the same is denied as there is proper mechanism/ guidelines for providing of security cover in the shape of PSO/accommodation. The same is provided only after assessment of threat perception faced by an individual from CID Wing.” 4. Mr Dar, the learned Senior Additional Advocate General, appearing on behalf of respondent No.1 submits that the threat perception of an individual is assessed by the competent authorities and, in the case of the petitioner, the field agencies have assessed the threat perception and, accordingly, provided him secured accommodation in a hotel in Srinagar. 5.
Mr Dar, the learned Senior Additional Advocate General, appearing on behalf of respondent No.1 submits that the threat perception of an individual is assessed by the competent authorities and, in the case of the petitioner, the field agencies have assessed the threat perception and, accordingly, provided him secured accommodation in a hotel in Srinagar. 5. When asked, the learned counsel for the petitioner, submits that the petitioner has been provided accommodation in terms of order bearing No. Sec/J&K/Court-67/PP-06/2016-17/2706-08 dated 11th of May, 2017, at Hotel Manoranjan, Indranagar, Srinagar, copy whereof has been placed on record by the respondents with their objections filed in opposition to this writ petition. 6. Since the respondents have settled the claim of the petitioner to his satisfaction, therefore, there is no other issue to be settled or adjudicated upon in this writ petition, which, accordingly, shall stand disposed of as settled. 7. Writ petition disposed of alongwith connected MP(s).