Punjab-Haryana High Court
Mohit Sharma vs Ut Of Chandigarh And Others on 21 May, 2013
Author: M.M.S. Bedi
Bench: M.M.S. Bedi
CRM M-4021 of 2010 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRM M-4021 of 2010 (O&M)
Date of Decision: May 21, 2013
Mohit Sharma
.....Petitioner
Vs.
UT of Chandigarh and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:- None for the petitioner.
Mr. Rajiv Sharma, Advocate for UT.
-.-
M.M.S. BEDI, J. (ORAL)
Apprehending threat to his life and liberty, the petitioner had filed this petition under Section 482 Cr.P.C. for issuance of a direction to the police authorities of UT Chandigarh to protect him as he had been threatened and pressurized by agents of his landlady to get her house vacated. The petitioner claimed that he was pressurized by the police by calling him daily to the police station in false complaints. He had also obtained an order of interim injunction from the Civil Court. As per the averments in the CRM M-4021 of 2010 [2] petition, on September 26, 2009, when the petitioner returned to his tenanted house in Sector 11, Chandigarh, two luxury cars with registration No. CH-03-9999 make Skoda and Toyoto Corolla No. HR-01-2268 were found parked inside the premises. Eight gunda kind of persons alongwith respondent No.8 came out and forcibly entered the house. The said persons disclosed that they had purchased the house from the original landlady and that he had to vacate the premises immediately. He was man-handled and abused. The petitioner was repeatedly threatened by the subsequent purchasers of the house on different occasions.
The relevant event which has warranted the passing of the present order is dated 24th November 2009 when the petitioner was away for his duties, the Managing Director of Shiv Shakti Securities, Suba Singh respondent No.9 deployed two security guards on the main entrance gate of the house. When petitioner returned in the evening, the security guards who were present there prevented him to enter the house by putting a big lock on the main gate. The petitioner was told by the security guards that they have been deployed by respondent No.9 with the strict instructions that no friends, relatives of the petitioner would enter the house and that the gate will be kept locked for 24 hours continuously. The security guards deputed had been instructed by respondent No.9 not to permit the petitioner to enter in his tenanted portion. The Security guards gave the mobile number of respondent No.9 to the petitioner. When the petitioner talked to respondent No.9, he was informed that the services of respondent No.9 were being used CRM M-4021 of 2010 [3] by one Mr.Dehal, respondent No.8 at whose instructions he had deployed guards. He also disclosed that respondent No.8 was owner of the house having purchased the house. The petitioner requested respondent No.9 again, to remove the guards but he lingered on the matter on one pretext or the other. Later on, respondent No.9 flatly declined to remove the guards and threatened the petitioner to do whatever he wanted. Rather petitioner was threatened that in case he raised a voice, he would be taught a lesson. Respondent No.9 the Managing Director of Shiv Shakti Securities, a private agency of Baltana, Punjab had strictly instructed the guards not to allow any of the family members of the petitioner to enter the house. He was detained illegally in his house by abusing the process of law. The petitioner approached the SSP by filing a representation dated November 27, 2009 but no action was taken. On January 30th, 2010 at about 6.30 p.m., respondent No.8 the subsequent purchaser came alongwith 10/12 musclemen and entered the premises and started taking liquor in the lawn. Respondents No.8 and 9 sent their musclemen to call the petitioner and his sister Pooja who were alone in the building, from the first floor in the rented accommodation. Respondents No.5 and 6 SHO and SI respectively were called and they were asked to take the petitioner in custody. The sister of the petitioner alongwith their counsel had gone to the police station but respondent No.5 threatened the sister of the petitioner in presence of her counsel either to vacate the premises or face the dire consequences. In nutshell the grievance of the petitioner is that the petitioner had been CRM M-4021 of 2010 [4] harassed by the purchasers of the tenanted premises in connivance with respondent No.9 Managing Director of private security agency i.e. Shiv Shakti Securities, Baltana, Punjab and local police which compelled the petitioner to approach this Court for a direction under Section 482 Cr.P.C.
On notice having been issued to the respondents, a report has been submitted by the police of Police Station Sector 11, Chandigarh which reads as follows:-
"Subject: Report regarding complaint No. 456-5C dated 2.12.2009 and 459-5C dt. 5.12.09 PS 11, Chd.
-.-
Sir, It is submitted that Mr. Mohit Sharma, R/o # 1521, Sector 11-D, Chandigarh made a complaint against Sh.Suba Singh C/o Shiv Shakti Security R/o # SCO No. 15 Kalgidhar Enclave Baltana Punjab. In this complaint, Mr. Mohit Sharma alleged that Mr. Suba Singh C/o Shiv Shakti Security depute his two security guards at main gate of # 1521, Sector 11, Chandigarh, who harassed and threaten to him.
During inquiry alleged person Sh. Suba Singh C/o Shiv Shakti Security has been examined and his statement recorded and physically an inspection of the alleged house has also been made. It reveals that house CRM M-4021 of 2010 [5] owner Smt.Tej Kaur executed a GPA in favour of Sh. N.S. Dehal # 335, Sector 21-A, who appointed two security guard at the House 1521, Sector 11, through M.S. Shiv Shakti Securities SCO NO. 15 Kalgidhar Enclave Baltana Punjab who are performing duty round the clock at the gate as Smt. Tej Kaur(owner of house) is out of country. The main gate of house often remain opened. The security Guard only deputed for the protection of house. During inquiry, it reveals that nobody stop/ intervene the complainant Sh.Mohit Sharma to enter the house. Moreover, I have tried to contact the complainant but he did not came present to join the inquiry. Moreover, security Guard have been apprised that Mr.Mohit Sharma is a tenant in the said house so they will not interfere in his arrival/ departure at the house. The allegation could not be proved. It is tenant owner dispute. No cognizable offence is made out. No police action is required. It may be filed please.
Submitted please.
Sd/-Sub Insp.
Inquiry Officer, PS 11, Chd.
Dt. 10.3.2010
CRM M-4021 of 2010 [6]
Forwarded with the above report of SI Ramesh Kumar that during enquiry it reveals that house owner Smt.Tej Kaur is out of country and her GPA holder Mr.N.S. Dehal has appointed two security guards for the protection of house Sh.Suba Singh, M/s Shiv Shakti Security. No body stopped/ harassed Mr.Mohit Sharma. SI Ramesh Kumar tried to examine the complainant after calling through his mobile no. 092186-21200 but he did not come present. No cog. offence is made out. Hence it may be filed please.
Sd/-.
SHO, PS 11 Chd.
DSP/C Dt. 10.3.2010."
A perusal of the above said report indicates that the owner and landlord of the house had appointed security guards to perform their duties round the clock at the gate of the house. The security guards have allegedly been deputed for protection of the house.
During the course of arguments, it was admitted that the security guards deputed in front of the house interfered in the life and liberty of the tenant - petitioner, held fire arms which was a threat to the petitioner. It is also not out of place to observe here that the petitioner, fed up with the threats and the pressure of the General Power of attorney holder through the armed security guards had vacated the portion in his possession. The above said sequence of events is an example of misuse of armed security guards by CRM M-4021 of 2010 [7] a rich and effluent person to interfere in the life and liberty of a person to get a tenanted portion vacated despite there being an injunction in favour of the said occupant. A further report has been produced that Lt. Col. Karamjit Singh has purchased this property alongwith his wife, son and daughter vide transfer letter dated August 20, 2010, whereas the original owner has gone out of the country after executing a general power of attorney in favour of N.S. Dahel, resident of Sector 21, Chandigarh.
Vide order dated February 10, 2010, the SSP, Chandigarh was directed to furnish a report regarding the status of private security guards deputed in House No. 1521, Sector 11 B Chandigarh and respondent No.2 DGP, UT Chandigarh was directed to produce all the relevant instructions pertaining to the deputing of the private security guards and the extent of their jurisdiction and authorities as per rules.
It is a matter of common experience that the private security agencies employ security guards and the services of those security guards armed with fire arms are provided on request to the private persons. The said armed security guards are either carried along in the name of personal security by a person or said armed security guards are deputed at any work place or residence. The uniformed armed security guards are many a times misused to terrorize and threaten the general public and the rivals, having clash of interest with the persons deputing the private security guards. The above said action is certainly a cause of concern in a civilized society. It appears to be an indirect mode of misusing security guards on payment of CRM M-4021 of 2010 [8] charges to achieve objectives which are violaive of rights of life and liberty of the other citizens.
Pursuant to the directions of this Court to make available all the relevant instructions pertaining to the deputing of private security guards and the extent and jurisdiction of their authority in the territory of Chandigarh, Sh.Rajiv Sharma, Advocate for UT, Chandigarh referred to "The Private Security Agency (Regulation) Act, 2005", dealing with the regulations of private security agencies and for matters connected therewith or incidental thereto. He also brought to the notice of this Court, the Chandigarh Administration Private Security Agencies Rules, 2006.
Counsel for UT was not able to justify from the security point of view as to how two armed security guards could be deputed in Chandigarh outside the private house by a private security agency of Punjab. He sought time to verify the applicability of the rules of Chandigarh Administration to the security agencies or private security personnel from other States on April 1, 2010. The case was adjourned for a period of about 2 years but a satisfactory and definite answer could not be given by the counsel representing UT as to what is the control of the Chandigarh Administration or Chandigarh police authorities over armed private security guards deputed and misused by the persons availing the service of the private security agencies. The only vague answer given to the Court was that if any substantive offence is committed by an armed private CRM M-4021 of 2010 [9] security guard, the necessary action can be taken under the provisions of IPC and the provisions of Arms Act.
Learned counsel for UT Administration has brought to the notice of this Court that it is the Deputy Commissioner, UT Chandigarh who exercises powers of Controlling Authority under the Chandigarh Administration Private Security Agency Rules, 2006 but he submitted that no separate rules have been framed enabling the Controlling Authority to cancel the licence of the security agents in case there is any violation of provisions of the Private Security Agencies (Regulation) Act, 2005.
In order to determine as to what are the legal provisions regulating the private security agencies; what is the control of the administration over the armed private security personnel and what steps are taken to control the private security guards from misusing their position and arms in the light of the rights and duties of the private security agencies under law, the affidavit filed by Deputy Commissioner, UT Chandigarh has explained that the Act called Private Security Agencies (Regulation) Act, 2005, for short the '2005 Act', applies to the private security agencies who are required to get a licence under clause 1 of Section 7 of the 2005 Act, after applying on prescribed form V under Rule 8 of the Chandigarh Administration Private Security Agency Rules, 2006, for short 'the 2006 Rules', framed under 2005 Act. In order to appreciate various aspects of functioning of private security agencies and their accountability to regulatory mechanism and the rules and regulations for control on the CRM M-4021 of 2010 [10] private security personnel, controlling their activities and the various CRM M-4021 of 2010 [11] guidelines governing their activities and the extent of the authority of the private security agencies, the relevant provisions of the law have been examined as follows:-
THE PRIVATE SECURITY AGENCIES (REGULATION) ACT, 2005 The above said Act was brought into force w.e.f. March 15, 2006 with an objective to control the activities of private security agencies and the private security guards so that they run within the legal parameters and are accountable to regulatory mechanism. The statements of objects and reasons of the Act read as follows:-
"Due to increase in the number of business establishments and increasing demands of security, there has been a proliferation of private security agencies in the recent years. The growing tendency to hire security guards from private sources by an industrial or business undertaking has led to coming up of large number of private security agencies all over the country. Though these private security agencies have helped in meeting the security needs of business establishments, there has been a growing concern about the manner of functioning of these agencies, many of which seem to conduct their operations CRM M-4021 of 2010 [12] without due care for verifying the antecedents of the personnel employed as private security guards and supervision.
2. Private multi-national security agencies have also established their branches in the country, which unless properly regulated, may have serious security implications. Unless suitable safeguards are devised, these developments are likely to have wide ranging security implications, which may not be in national interest. There is also a danger to the employees of the private security agencies encroaching upon the duties of the police, using weapons in an illegal manner and wearing uniforms which resemble those of the police. In many instances, personnel employed by these agencies have also been involved in criminal activities.
3. For all these reasons, Union Government has been considering to regulate the functioning of these private security agencies, so that they are run within legal parameters and are accountable to a regulatory mechanism. In view of above, it is proposed to regulate the private security agencies CRM M-4021 of 2010 [13] through an Act which provides for a Controlling Authority to be appointed by the State Governments for the purpose of granting licences and also to make holding of licences mandatory for the carrying on of business of security agencies and other related matters."
A perusal of the above said objects indicates that the legislation while approving the concept of private security agencies and private security guards was aware of the fact that the antecedents of private security agencies and the persons employed as private security guards and supervisors have to be regulated under a Controlling Authority otherwise serious security implications may arise which might be contrary to the interest of the society. In order to safeguard the society from the danger of the employees of private security agencies encroaching upon the duties of the police, use of weapons in an illegal manner and their likelihood of indulging in criminal activities, some regulatory mechanism is required to be formulated. The regulatory mechanism under the 2005 Act, can be appreciated from the following relevant provisions of the Act.
Section 2 of the Act deals with important definitions which are as follows:-
2. Definitions.--In this Act, unless the context otherwise requires,--
CRM M-4021 of 2010 [14]
(a) "armoured car service" means the service provided by deployment of armed guards along with armoured car and such other related services which may be notified by the Central Government or as the case may be, the State Government from time to time;
(b) "Controlling Authority" means the Controlling Authority appointed under subsection (1) of Section 3;
(c) "licence" means a licence granted under sub-section (5) of Section 7;
(d) "notification" means a notification published in the Official Gazette;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "private security" means security provided by a person, other than a public servant, to protect or guard any person or property or both and includes provision of armoured car service;
(g) "private security agency" means a person or body of persons other than a government agency, department or organisation engaged in the business of providing private security services including training to private security guards or their supervisor or providing private CRM M-4021 of 2010 [15] security guards to any industrial or business undertaking or a company or any other person or property;
(h) "private security guard" means a person providing private security with or without arms to another person or property or both and includes a supervisor;
(i) "State Government", in relation to a Union territory, includes the Administrator of that Union territory appointed by the President under Article 239 of the Constitution."
A perusal of the definition of armoured car service, under Section 2 (a) of the 2005 Act, private security guard under Section 2 (h) of the 2005 Act and private security agency under Section 2 (g) of the 2005 Act indicates that a private security guard can be a person who provides private security with or without arms. The private security agency can be a person or body of persons other than a Government agency which is engaged in the business of providing private security services. The private security agency can provide service by deployment of armed guards alongwith armoured car guards and such other related services which may be notified by Central Government or as the case may be by the State Government from time to time. It is important to notice that the Act is silent about the manner in which the armed licence is to be obtained and processed for the use as a arm/ weapon by a security guard appointed by private security agency. It appears that private security can be provided CRM M-4021 of 2010 [16] with or without arms to any person or property or both by the private security agency having a licence under Section 7 (5) of the 2005 Act.
Section 3 deals with appointment of Controlling Authority which reads as follows:-
"3. Appointment of Controlling Authority.--(1) The State Government shall, by notification, designate an officer not below the rank of a Joint Secretary in the Home Department of the State or an equivalent officer to be the Controlling Authority for the purposes of this Act. (2) The State Government may, for efficient discharge of functions by the Controlling Authority, provide it with such other officers and staff as that Government considers necessary."
Section 4 of the Act debars any person or private security agency to provide private security guard without licence. Section 4 of the 2005 Act reads as follows: -
"4. Persons or Private Security Agency not to engage or provide private security guard without licence.-- No person shall carry on or commence the business of private security agency, unless he holds a licence issued under this Act :
Provided that the person carrying on the business of private security agency, immediately before the CRM M-4021 of 2010 [17] commencement of this Act, may continue to do so for a period of one year from the date of such commencement and if he has made an application for such licence within the said period of one year, till the disposal of such application :
Provided further that no private security agency shall provide private security abroad without obtaining permission of the Controlling Authority, which shall consult the Central Government before according such permission."
In order to lay down eligibility, Section 5 of the 2005 Act provides for verification of antecedents of a person or private security agency. Section 6 of the 2005 Act defines the persons who are not eligible for the licence. Sections 5 and 6 of the 2005 Act read as follows:-
"5. Eligibility for licence.--An application for issue of a licence under this Act shall only be considered from a person after due verification of his antecedents.
6. Persons not eligible for licence.--(1) A person shall not be considered for issue of a licence under this Act, if he has been--
(a) convicted of an offence in connection with promotion, formation or management of a company (any fraud or misfeasance committed by him in relation to the company), including an undischarged insolvent; or CRM M-4021 of 2010 [18]
(b) convicted by a competent court for an offence, the prescribed punishment for which is imprisonment of not less than two years; or
(c) keeping links with any organisation or association which is banned under any law on account of their activities which pose threat to national security or public order or there is information about such a person indulging in activities which are prejudicial to national security or public order; or
(d) dismissed or removed from government service on grounds of misconduct or moral turpitude.
(2) A company, firm or an association of persons shall not be considered for issue of a licence under this Act, if, it is not registered in India, or having a proprietor or a majority shareholder, partner or director, who is not a citizen of India."
In order to regulate and control the private security agencies, Section 7 of the Act has been incorporated to prescribe a procedure for filing an application and the mode of granting the licence. Section 7 of the 2005 Act reads as follows:-
"7. Application for grant of licence.--(1) An application for grant of licence to a private security CRM M-4021 of 2010 [19] agency shall be made to the Controlling Authority in such form as may be prescribed.
(2) The applicant shall submit an affidavit incorporating the details in relation to the provisions contained in Section 6, ensure the availability of the training for its private security guards and supervisors required under sub-section (2) of Section 9, fulfilment of conditions under Section 11 and of cases registered with police or pending in a court of law involving the applicant.
(3) Every application under sub-section (1) shall be accompanied by a fee of--
(a) Rupees Five thousand if the private security agency is operating in one district of a State;
(b) Rupees Ten thousand if the agency is operating in more than one but up to five districts of a State; and
(c) Rupees Twenty-five thousand if it is operating in the whole State.
(4) On receipt of an application under sub-section (1), the Controlling Authority may, after making such inquiries as it considers necessary and obtaining no objection certificate from the concerned police authority, by order in writing, either grant a licence or refuse to CRM M-4021 of 2010 [20] grant the same within a period of sixty days from the date of receipt of application with complete particulars and the prescribed fee :
Provided that no order of refusal shall be made unless--
(a) the applicant has been given a reasonable opportunity of being heard; and
(b) the grounds on which licence is refused is mentioned in the order.
(5) A licence granted under this section--
(a) shall be valid for a period of five years unless the same is cancelled under sub-section (1) of Section 13;
(b) may be renewed from time to time after the expiry of five years, for a further period of five years on payment of such fee as may be prescribed; and
(c) shall be subject to such conditions as may be prescribed."
Section 8 deals with renewal of licence. Section 9 deals with conditions of commencement of operation and engagement of supervisors. As per Section 9 (3) of the 2005 Act, every private security agency will have to employ such number of supervisors as may be prescribed. Section 10 deals with the eligibility of a person to become a private security guard.
CRM M-4021 of 2010 [21] Section 10 of the 2005 Act regarding eligibility of a person engaged as a private security guard, reads as follows:-
"10. Eligibility to be a private security guard.--(1) A private security agency shall not employ or engage any person as a private security guard unless he--
(a) is a citizen of India or a citizen of such other country as the Central Government may, by notification in the Official Gazette, specify;
(b) has completed eighteen years of age but has not attained the age of sixty-five years;
(c) satisfies the agency about his character and antecedents in such manner as may be prescribed;
(d) has completed the prescribed security training successfully;
(e) fulfils such physical standards as may be prescribed;
and
(f) satisfies such other conditions as may be prescribed. (2) No person who has been convicted by a competent court or who has been dismissed or removed on grounds of misconduct or moral turpitude while serving in any of the armed forces of the Union, State Police Organisations, Central or State Governments or in any CRM M-4021 of 2010 [22] private security agency shall be employed or engaged as a private security guard or a supervisor.
(3) Every private security agency may, while employing a person as a private security guard, give preference to a person who has served as a member in one or more of the following, namely:--
(i) Army;
(ii) Navy;
(iii) Air Force;
(iv) any other armed forces of the Union;
(v) Police, including armed constabularies of States; and
(vi) Home Guards."
Under Section 11 of the 2005 Act, State government has been authorized to frame rules regarding conditions on which the licence can be granted. Section 11 of the 2005 Act which deals with conditions of licence, reads as follows:-
"11. Conditions of licence.--(1) The State Government may frame rules to prescribe the conditions on which licence shall be granted under this Act and such conditions shall include requirements as to the training which the licensee is to undergo, details of the person or persons forming the agency, obligation as to the information to be provided from time to time to the CRM M-4021 of 2010 [23] Controlling Authority regarding any change in their address, change of management and also about any criminal charge made against them in the course of their performance of duties of the private security agency or as the case may be, a private security guard employed or engaged by them.
(2) The State Government may make provision in the rules to verify about imparting of required training by the private security agency under sub-section (2) of Section 9 and to review continuation or otherwise of licence of such private security agency which may not have adhered to the condition of ensuring the required training."
Section 12 of the 2005 Act requires every private security agency to exhibit its licence or copy thereof in a conspicuous place of business. Section 13 deals with cancellation and suspension of licence. Wide powers have been given to the Controlling Authority to cancel any licence on any of the grounds mentioned in Section 13 of the 2005 Act. Section 13 of the 2005 Act which empowers the Controlling Authority to cancel the licence, reads as under:-
"13. Cancellation and suspension of licence.--(1) The Controlling Authority may cancel any licence on any one or more of the following grounds, namely:--
CRM M-4021 of 2010 [24]
(a) that the licence has been obtained on
misrepresentation or suppression of material facts;
(b) that the licence holder has used false documents or photographs;
(c) that the licence holder has violated the provisions of this Act or the rules made thereunder or any of the conditions of the licence;
(d) that the licence holder has misused information obtained by him during the discharge of his duties as the private security agency to any industrial or business undertaking or a company or any other person;
(e) that the licence holder by using any letter-head, advertisement or any other printed matter or in any other manner represented that the private security agency is an instrumentality of the Government or such agency is or has been using a name different from that for which licence has been granted;
(f) that the licence holder is or has been impersonating or permitting or aiding or abetting any body to impersonate as a public servant;
(g) that the private security agency had failed to commence its activities or to engage a supervisor within the specified time period;
CRM M-4021 of 2010 [25]
(h) that the licence holder is or has wilfully failed or refused to render the services agreed to any person;
(i) that the licence holder has done any act which is in violation of a court order or an order of a lawful authority or is or has been advising, encouraging or assisting any person to violate any such order;
(j) that the licence holder has violated the provisions of the Acts given in the Schedule which may be modified by the Central Government, by notification in the Official Gazette;
(k) that there have been repeated instances when the private security guard or guards provided by the private security agency--
(i) failed to provide private security or were guilty of gross negligence in not providing such security;
(ii) committed a breach of trust or misappropriated the property or a part thereof which they were supposed to protect;
(iii) were found habitually drunk or indisciplined;
(iv) were found to be involved in committing crimes; or
(v) had connived or abetted a crime against the person or property placed under their charge; or
(l) that the licence holder has done any act which poses a threat to national security, or did not provide assistance CRM M-4021 of 2010 [26] to the police or other authority in the discharge of its duties or acted in a manner prejudicial to national security or public order or law and order. (2) Where the Controlling Authority, for reasons to be recorded in writing, is satisfied that pending the question of cancelling of licence on any of the grounds mentioned in sub-section (1), it is necessary to do so, that Controlling Authority may, by order in writing, suspend the operation of the licence for such period not exceeding thirty days as may be specified in the order and require the licence holder to show cause, within fifteen days from the date of issue of such order, as to why the suspension of the licence should not be extended till the determination of the question of cancellation.
(3) Every order of suspending or cancelling of a licence shall be in writing and shall specify the reasons for such suspension or cancellation and a copy thereof shall be communicated to the person affected. (4) No order of cancellation of licence under sub-
section (1) shall be made unless the person concerned has been given a reasonable opportunity of being heard."
CRM M-4021 of 2010 [27] Section 14 of the Act provides for an appeal to a person who is refused a licence by the Controlling Authority. Section 15 of the 2005 Act requires a private security agency to maintain a register containing particulars of the names and addresses of the persons managing private security agencies and Section 16 of the 2005 Act provides authority of inspection of licence etc. Sections 15 and 16 of the 2005 Act read as follows:-
"Section 15. Register to be maintained by a private security agency.--(1) Every private security agency shall maintain a register containing--
(a) the names and addresses of the persons managing the private security agency;
(b) the names, addresses, photographs and salaries of the private security guards and supervisors under its control;
(c) the names and addresses of the persons whom it had provided private security guards or services; and
(d) such other particulars as may be prescribed. (2) The Controlling Authority may call for such information as it considers necessary from any private security agency, supervisor or private security guard to ensure due compliance of the Act.
CRM M-4021 of 2010 [28]
16. Inspection of licence, etc.--The Controlling Authority or any other officer authorised by it in this behalf may at any reasonable time, enter the premises of the private security agency and inspect and examine the place of business, the records, accounts and other documents connected with the licence and may take copy of any document."
Section 17 deals with photo identity card to every private security guard. Certain rights and duties of private security guards of private security agency have been enshrined in Section 18 of the 2005 Act. Section 18 reads as follows:-
"18. Disclosure of information to unauthorised person.--(1) Any person who may be or has been employed or engaged as a private security guard by the private security agency shall not divulge to anyone other than the employer, or in such manner and to such person as the employer directs, any information acquired by him during such employment with respect to the work which he has been assigned by such employer, except such disclosure as may be required under this Act or in connection with any inquiry or investigation by the police or as may be required by an authority or process of law.
CRM M-4021 of 2010 [29] (2) All private security guards of a private security agency shall render necessary assistance to the police or to such authority in the process of any investigation pertaining to the activities of that agency. (3) If violation of any law is noticed by any private security guard during the course of discharge of his duties, he shall bring it to the notice of his superior, who in turn shall inform the police either through his employer or agency or on his own."
Section 19 of the 2005 Act gives State Government a power or function to be delegated by notification. Section 20 of the 2005 Act provides for punishment for contravention of certain provisions of the Act. According to this section, any person or private security agency providing private security guard without licence under Section 4 of the Act is liable to be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twenty five thousand rupees, or with both. Section 21 of the 2005 Act provides penalty for unauthorized use of certain uniforms. Any security guard or supervisor wearing uniform of the Army, Air Force, Navy or any other armed forces of the Union or Police or any dress similar thereto can be punished for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both. Section 22 of the 2005 Act deals with offences by the Companies. Section 23 of the 2005 Act indemnifies the Controlling Authority or other officers in CRM M-4021 of 2010 [30] respect of anything done in good faith or intended to be done under the Act. Section 24 of the 2005 Act enables Central Government to frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under the Act. Section 25 of the 2005 Act empowers the State Government to make rules by notification for carrying out the provisions of the Act. Section 25 of the 2005 Act reads as follows:-
Section 25. Power of State Government to make rules.
--(1) The State Government may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
--
(a) the procedure for verification of character and antecedents under clause (c) of sub-section (1) of Section 10; the type of training under clause (d) of sub-section (1) of Section 10; the physical standard under clause (e) of sub-section (1) of Section 10; and other conditions under clause (f) of sub-section (1) of Section 10;
(b) the number of supervisors to be employed under sub-
section (3) of Section 9;
(c) the form of an application for grant of licence under sub-section (1) of Section 7;
CRM M-4021 of 2010 [31]
(d) the form in which the licence to be granted under sub-section (4) of Section 7 and conditions subject to which such licence to be granted under Section 11;
(e) the form of an application for renewal of licence under sub-section (1) of Section 8;
(f) the form under sub-section (2) of Section 14 for preferring an appeal;
(g) particulars to be maintained in a register under sub- section (1) of Section 15;
(h) the form in which photo identity card under sub- section (2) of Section 17 be issued;
(i) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
(4) In respect of Union territories, every rule made to carry out the provisions of the Act shall be laid before each House of Parliament and where there exists a Legislative Assembly, before that Assembly."
CRM M-4021 of 2010 [32] It has been informed by the Counsel for UT that Home Secretary, Chandigarh Administration has notified rules dated November 7, 2006 called Chandigarh Administration Private Security Agency Rules, 2006 which are reproduced as under:-
"CHANDIGARH ADMINISTRATION HOME DEPARTMENT Notification The 7th November, 2006 No. 616(GOI)H111(2)-2006/20687.--
1. Short title and commencement :
(1) These Rules may be called the "Chandigarh Administration Private Security Agencies Rules, 2006".
(2) They will come into force from the date of their publication in the Official Gazette.
2. Definitions.--In these Rules, unless the context otherwise requires,--
(a) "Act" means the Private Security Agencies (Regulation) Act, 2005.
(b) "Agency" means the Private Security Agency.
(c) "Controlling Authority" means, the Controlling Authority so declared under the Act.
(d) "Form" means, a Form appended to these Rules.
(e) "Licence" means a licence granted under the Act.
CRM M-4021 of 2010 [33]
(f) words and expressions not defined in these regulations but defined in the Act, shall have the same meaning respectively assigned to them in the Act.
3. Verification of the antecedents of the applicants:
(1) Every applicant while making an application to the Controlling Authority for the issue of a fresh or renewal shall enclose the Form I for verification of his antecedents.
If the applicant is a company, a firm or an association of persons, the application shall be accompanied by Form I for every proprietor or majority shareholder, partner or director of the company, as if they were also the applicants. (2) On receipt of such application the Controlling Authority shall make such inquiries, as it considers necessary to verify the contents of the application and the particulars of the applicant.
(3) The Controlling Authority shall obtain a no objection certificate from the Senior Superintendent of Police, U.T., Chandigarh. For this purpose it will send to him a copy of the application for licence and its attachments for verification and report.
(4) The Senior Superintendent of Police, U.T., Chandigarh in addition to the causing of verification of antecedents of CRM M-4021 of 2010 [34] every individual in whose name the antecedent form is filled up, shall also furnish the following information:--
i) Whether the applicant earlier operated any Private Security Agency, either individually or in partnership of others and if so, the details thereof ; and
ii) Whether the applicant possesses any special qualification or skill, which may facilitate his operations of Private Security Agency.
4. Verification of character and antecedents of the private security guard and supervisor :
(1)Before any person is employed or engaged as a security guard or supervisor, the Agency shall satisfy itself about the character and antecedents of such person in any one or more of the following manners-
(a) by verifying the character and antecedents of the person by itself.
(b) by relying upon the character and antecedents verification certificate produced by the person :
Provided that the character and antecedent certificate shall be valid and the Agency does not have any adverse report regarding the person's character and antecedents from any other source ; as prescribed hereinunder, produced by the person provided it is valid and the Agency does not have CRM M-4021 of 2010 [35] any adverse report regarding the person's character and antecedents from any other source.
(c) by relying on the report received from the police authorities signed under the authority of the District Superintendent of Police or an officer of the equivalent or higher rank.
(2) The person desirous of getting employed or engaged as security guard or supervisor shall submit Form II to the Agency. If the person has stayed in more than one District during the last five years, the number of forms will be as many as Districts.
(3) The Agency shall cause an inquiry into the correctness of the particulars filled in either by itself or by sending the Form to the respective District Superintendent of Police.
(4) The form and the manner in which the fee is to be deposited for the character and antecedents verification by police, shall be as prescribed by Chandigarh Administration from time to time.
(5) The police will establish identity of the individual and verify the character and antecedents of the person by making a visit to the locality where the person claims to have resided or residing and ascertain his identity and CRM M-4021 of 2010 [36] reputation from the respectable residents of the locality.
They will also consult the record of the concerned police station and other records at the Police Headquarter, before preparing the character and antecedents verification report. This report will contain the comments of the police on every claim of the person in character and antecedent Form and also a general report about his activities including means of livelihood in the period of verification. The police will specifically state if there is a criminal case registered against the person at any point of time or if he has ever been convicted of criminal offence punishable with imprisonment.
(6) The police will specifically comment if the engaging or employing the person under verification by the Private Security Agency will pose a threat to National Security.
(7) The Police authorities shall ensure that character and antecedents verification report is issued within ninety days of the receipt of the character and antecedent Form.
(8) The report of the police regarding character and antecedents of a person will be graded as confidential. It will be addressed in named cover to a designated officer CRM M-4021 of 2010 [37] of the Security Agency requesting for character and antecedents.
(9) Character and antecedents verification report once issued will remain valid for three years.
(10) On the basis of police verification and on the basis of their own verification, the Agency shall issue in Form III a character certificate and this certificate will not be taken back by such Agency even if the person ceases to be the employee of that Agency.
5. Security Training:
(1) The Controlling Authority shall frame the detailed training syllabus required for training the security guards.
The training shall be for a minimum period of hundred hours of classroom instruction and sixty hours of field training, spread over at least twenty working days. The ex-servicemen and former police personnel shall however be required to attend a condensed course only, of minimum forty hours of classroom instructions and sixteen hours of field training spread over at least seven working days.
(2) The training will include the following subjects, namely :-- ;
CRM M-4021 of 2010 [38]
(a) conduct in public and correct wearing of
uniform ;
(b) physical fitness training ;
(c) Physical security, security of the assets,
security of the building or apartment, personnel security, household security ;
(d) fire fighting ;
(e) crowd control ;
(f) examining identification papers
including identity cards, passports and smart cards ;
(g) should be able to read and understand English alphabets and Arabic numerals as normally encountered in the identification documents, arms licence, travel documents and security inspection sheet ;
(h) identification of improvised explosive devices ;
(i) first-aid ;
(j) crisis response and disaster management
;
(k) defensive driving (compulsory for the
driver of Armored vehicle and optional for others) ; (I) handling and operation of non-prohibited weapons and firearms (optional) ;
CRM M-4021 of 2010 [39]
(m) rudimentary knowledge of Indian Penal Code, right to private defence, procedure for lodging first information report in the police station, Arms Act (only operative sections), Explosives Act (operative sections) ;
(n) badges of rank in police and military forces;
(o) identification of different types of arms in use in public and Police ;
(p) use of Security equipments and devices
(for example : security alarms and screening
equipments); and
(q) leadership and management (for
supervisors only).
(2) The security guard will have to successfully undergo the training prescribed by the Controlling Authority. On completion of the training each successful trainee will be awarded a certificate in Form IV by the training institute or organization. (3) The Controlling Authority will inspect the functioning of training facility from time to time either by itself or through its own officers. Normally CRM M-4021 of 2010 [40] such inspection will be conducted at least two times every year.
(4) All the Agencies shall submit a list of successful trainees to the Controlling Authority in the manner prescribed by it.
6. Standard of physical fitness for security guards :
(1) A person shall be eligible for being engaged or employed as security guard if he fulfil the standards of physical fitness as specified below :--
(i) (a) Height--Men .. 160 cms.
Women .. 150 cms.
(b) Weight--According to standard table of
height and weight.
(c) Chest--Men .. 80 cms with an
expansion of 4 cms
Women .. No minimum requirement.
(ii) Eye-sight : far sight vision 6/6, near vision
0.6/0.6 with or without correction ; free from colour blindness, should be able to identify and distinguish colour display in security equipments ; read and understand CRM M-4021 of 2010 [41] display in English alphabets and Arabic numerals.
(iii) Free from knock knee and flat foot and should be able to run one kilometer in six minutes.
(iv) Hearing free from defect ; should be able to
hear and respond to the spoken voice and
the alarms generated by Security
equipments.
(v) The candidate should have dexterity and
strength to perform searches, handle objects and use force for restraining the individuals in case of need.
(2) A candidate should be free from evidence of any contagious or infectious disease. He should not be suffering from any disease which is likely to be aggravated by service or is likely to render him unfit for service or endanger the health of the public.
(3) Agency shall ensure that every security guard working for it undergoes a medical examination after every twelve months from his last such examination so as to ensure his continued CRM M-4021 of 2010 [42] maintenance of physical standard as prescribed for the entry level.
(7) Provisions for supervisors:
(1) There shall be one supervisor to supervise the work of not more than fifteen private security guards.
(2) In case the private security guards are on security duty in different premises and it is not practical to supervise their work by one supervisor, the Agency shall depute more number of supervisors so that at least for every six private security guards there is one supervisor available for assistance, advice and supervision. (8) Manner of making application for grant of licence:
(1) Every application by an Agency for the grant of a licence under clause (1) of section 7 of the Act, shall be made to the Controlling Authority in the format prescribed in Form V (2) Every application referred to in sub-rule (1) shall be accompanied by a demand draft or banker's cheque showing the payment of fees as CRM M-4021 of 2010 [43] prescribed under clause (3) of Section 7 of the Act, payable to the Controlling Authority. (3) Every application referred to in sub-rule (1) shall be either personally delivered to the Controlling Authority or sent to him by registered post.
(4) On receipt of the application referred to in sub-rule (1), the Controlling Authority shall after noting thereon the date of receipt by him of the application, grant an acknowledgement to the applicant.
(9) Grant of Licence :
(1) The Controlling Authority, after receiving an
application under sub-rule (1) of rule 8 shall grant a licence to the private security agency in Form VI after completing all the formalities and satisfying itself about the suitability of the applicant and also the need for granting the licence.
(2) The Controlling Authority either by itself or through its officers may verify the training and skills imparted to the private security guards and supervisors of any private security agency.
CRM M-4021 of 2010 [44] (3) The Controlling Authority may review the continuation or otherwise of licence of such security agencies which may not have adhered to the conditions of ensuring the required training. (10) Conditions for grant of licence :-- (1) The licensee shall, successfully undergo a training relating to the private security service as prescribed, by the Controlling Authority within the time frame fixed by it.
(2) The licensee shall intimate the name, parentage, date of birth, permanent address, address for correspondence and the principle profession of each person forming the Agency within fifteen 'days of receipt of the licence to the Controlling Authority. (3) The licensee shall inform the Controlling Authority regarding any change in the address of persons forming the Agency, change of management etc. within seven days of such change.
(4) The licensee shall immediately intimate to the Controlling Authority about any criminal charge framed against the persons forming the Agency or against the private security guard or supervisor CRM M-4021 of 2010 [45] engaged or employed by the Agency, in the course of their performance of duties as private security agency. A copy of such communication shall also be sent to the officer in charge of the police station where the person charged against resides. (5) Every licensee shall, abide by the requirements of physical standards for the private security guards and their training as prescribed in these rules as the condition on which the licence is granted. (6) Save as provided in these rules, the fee paid for the grant of licence shall be nonrefundable. (11) Renewal of licence :--
(1) Every Agency shall apply to the Controlling Authority for renewal of the licence. (2) The fee chargeable for renewal of the licence shall be the same as for the grant thereof. (12) Conditions for renewal of licence :-- (1) The renewal of the licence will be granted subject to the following conditions :--
(i) The applicant continues to maintain his principle place of business in the jurisdiction of the Controlling Authority.
(ii) The applicant continues to ensure the availability of the training for its private security CRM M-4021 of 2010 [46] guards and supervisors required under sub-section (2) of section 5 of the Act.
(iii) The applicant continues to adhere to the conditions of the licence.
(iv) The police have no objection to the renewal of the licence to the applicant.
(3) The form for application of renewal of licence will be same as the form for the application for original licence.
(13) Appeals and procedure :--
(1) Every appeal under sub-section (1) of Section 14 of the Act shall be preferred1ii Form VII signed by the aggrieved person or his authorized advocate and presented to the appellate officer in person or sent to him by registered post. (2) The Controlling Authority may prescribe a fee for the appeal to be filed under section 14 of the Act and the manner in which such fee will be paid.
(14) Register to be maintained by the Agency :--
The register required to be maintained under the Act by the Agency shall be in Form VIII.
CRM M-4021 of 2010 [47]
(15) Photo Identity Card :--
(1) Every photo identity card issued by the
Agency under sub-section (2) of section 17 shall be in Form IX.
(2) The photo identity card shall convey a full-
face image in colour, full name of the private security guard, name of the Agency and the identification number of the individual to whom the photo identity card is issued.
(3) The photo identity card shall clearly indicate the individual's position in the Agency and the date up to which the photo-identity card is valid.
(4) The photo identity card shall be maintained up-to-date and any change in the particulars shall be entered therein.
(5) The photo-identity card issued to the private security guard will be returned to the Agency issuing it, once the private security guard is no longer engaged or employed by it.
(6) Any loss or theft of photo identity card will be immediately brought to the notice of the Agency that issued it.
CRM M-4021 of 2010 [48]
(16) Other Conditions :--
(1) Notwithstanding whether the Agency
mandates its private security guards to put on uniform while on duty or not, every Private Security Agency will issue and make it obligatory for its security guards to put on :
(a) an arm badge distinguishing the Agency ;
(b) shoulder or chest badge to indicate his position in the organization ;
(c) whistle attached to the whistle cord and to be kept in the left pocket ;
(d) shoes with eyelet and laces ;
(e) a headgear which may also carry the
distinguishing mark of the Agency ;
(2) The clothes worn by the private security
guard while on active duty shall be such that they do not hamper in his efficient performance. In particular they will neither be too tight nor too loose as to obstruct movement or bending of limbs.
(3) Every private security guard will carry a notebook and a writing instrument with him.
CRM M-4021 of 2010 [49] (4) Every private security guard while on active security duty will wear and display photo-identity card issued under section 17 of the Act, on the outer most garment above waist level on his person in a conspicuous manner.
KRISHAN MOHAN, I.A.S., Home Secretary, Chandigarh Administration."
It is important to point out here that Section 25 (4) of the Act requires that every rule made to carry out the provisions of the Act shall be laid before each House of Parliament and where there exists a Legislative Assembly, before that Assembly. It appears that the above said statutory provision has not been complied with as no such information was supplied by the counsel for UT.
Vide order dated December 24, 2010, the State counsel was directed to supply the following information:-
i) Whether a private security guard deputed by a private security agency is entitled to carry any weapon including 'fire arms'?
ii) What are the rights and liabilities of a private security guard as per the rules?;
CRM M-4021 of 2010 [50]
iii) Details of the different Security Agencies registered under the Act by the Chandigarh Administration;
iv) The rules governing the carrying of fire arms or other weapons by the security persons engaged by private security agencies.
Except for supplying the list of the security agencies registered, no other effective information was supplied but the counsel for the State had submitted that in case any illegal act is committed by a private security guard deputed under Section 2 (h) of the Act, engaged by a private security agency, he would be liable for punishment as provided under the Arms Act, 1959 and the Arms Rules 1962.
So far as the acquisition, possession, transport of arms and ammunition are concerned, all the matters are governed by the Arms Act, 1959 and Arms Rules, 1962. It is an admitted fact that there is no specific provision made in the Arms Act, 1959 or Arms Rules 1962 for providing arms licences to the private security guards engaged with the private security agencies. Section 2 (1) (i) of the Arms Act defines prohibited arms under the Arms Act. Licences for acquisition and possession of prohibited bore and non-prohibited bore fire arms were issued by District Magistrate and State Government but after 1987, the powers to issue licences for prohibited bores arms vests in the Central Government. According to Section 3 (1) of the Arms Act, 1959 no person can acquire or possess or CRM M-4021 of 2010 [51] carry fire arms or ammunition unless he holds a licence issued in accordance the provisions of the Arms Act and Rules framed thereunder. Section 3 (2) of the Arms Act permits a person to acquire or have in his possession or carry at any time not more than three fire arms. Section 9 imposes a restriction on the persons to acquire fire arms and ammunition. Section 13 of the Arms Act provides the purposes for grant of licences for the protection or support. Section 13 (3) (b) of the Arms Act provides that Arms licence could be granted if the licencing authority is satisfied that person to whom the licence is required has a good reason for obtaining the same. Section 13 of the Arms Act dealing with grant of licences reads as follows:-
"13. Grant of licenses-(1) An application for the grant of a license under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.
[(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time. (2A) The licensing authority, after such inquiry, if any, as it may, consider necessary, and after considering the report received under sub-section (2), shall, subject to CRM M-4021 of 2010 [52] the other provisions of this Chapter, by order in writing either grant the license or refuse to grant the same.
Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deem fit, make such order, after the expiry of the prescribed time, without further waiting for the report].
(3) The licensing authority shall grant-
(a) a license under section 3 where the license is required-
(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of muzzle loading gun to be used for bona fide crop protection:
Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that in muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a license in respect of any other smooth bore gun a aforesaid for such protection, or CRM M-4021 of 2010 [53]
(ii) In respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of rifle club or rifle association licensed or recognized by the Central Government ;
(b) a license under section 3 in any other case or license under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the license is required has a good reason for obtaining the same."
Section 14 of the Arms Act deals with the power to refuse licences by a licencing authority.
A perusal of the above said provisions of the 2005 Act, Arms Rules, 2006 and the Arms Act, 1959 indicate that there is no provision under the 2005 Act for any criminal liability on the security agency for any act of the private security guards by use of weapon or fire arm. The punishment for contravention of provisions of Section 4 of the 2005 Act and for wearing prohibited uniform is provided under Section 20 and Section 21 of the 2005 Act. A company can be punished under Section 22 of the 2005 Act.
I have carefully gone through the record of the Controlling Authority pertaining to the method adopted for granting licences to the private security agencies and the extent of supervision exercised by the Controlling Authority. In the absence of any statutory provision and in the CRM M-4021 of 2010 [54] absence of any statutory safeguard to the general public from the criminal activities of the private security guards employed by the private security agencies, it is clear that the Legislation in its wisdom has not been able to achieve the objectives of providing any power to the Controlling Authority to curtail any person from misusing armed private security guards. It is a matter of common knowledge that a private armed security guard can be used by rich and influential persons of the society to indulge in criminal activities by posing a danger to the society with the presence of armed security guards around him.
In order to curtail the criminal activities and maintenance of peaceful and fearless atmosphere in the society, the Controlling Authority should be armed with legal authority to curb the mis-use of the powers by anti-social elements in the name of the private security. Since the law framed by the Legislation, on analysis appears to be wanting so far as the objectives sought to be achieved by the Act are concerned, it is deemed appropriate to observe here that a fool-proof and effective procedure is required to be laid down to regulate the operation of the private security agencies and private security guards. There are known instances of cases in which firing incidents have been reported resulting in the murders by the private security guards deputed in State of Punjab by use of fire arms in the area of South Delhi. On account of absence of any specific statutory provision to prohibit the carrying of the private security guards alongwith fire arms from one State to another such instances appear to have happened.
CRM M-4021 of 2010 [55] Present case is also a glaring example where the two private security guards have interfered in the life and liberty of a tenant in Chandigarh, at the instance of a power of attorney holder of a landlady. They have been able to harass a tenant, to such an extent that he had to approach High Court for grant of protection. He was terrorized to such an extent that he did not even come forward to pursue his petition for protection. It is glaring example of a case where the private security guards were deputed by the security agency of the State of Punjab. Security guards were deployed under the title of a private security agency in area of UT Chandigarh. The police officials employed in the State might not be empowered to exercise their authority in the States but private security guards, in the present case have been able to indulge in criminal activity of intimidation. Feeling disturbed with the said lapses in the security system, need to analyze the regulatory framework under the relevant provisions of law was felt to prevent the armed security guards from indulging in illegal activities.
Doctrine of separation is the part of basic structure of the Constitution and this Court does not have legislative power to frame any statute law or rules but the circumstances of the present case warrant that at least a direction should be given to the UT Administration to follow such a procedure which is in consonance with the objectives of the 2005 Act so that a person availing the services of private security agency, private security guards or supervisors is not able to commit illegal acts in the garb CRM M-4021 of 2010 [56] of the provisions of the law. In order to prevent the abuse of the process of the law and the lacunae in the 2005 Act, the Arms Act, 1959 and the Arms Rules, 1962, the following steps are required to be implemented till the time some legislation is framed under Section 25 (4) of the Act:-
i) In order to prevent the misuser of fire arms or other weapons by the private security guards engaged for private security by a person to protect his person or property including armoured car service by a private security agency the approval, intimation and monitoring work requires to be entrusted to officials working under the Senior Superintendent of Police, Chandigarh by creating a Special Security Cell or the branch of police, dealing with security of the State. Police officers may be entrusted with the exclusive/ additional charge of supervising functioning of Private Security Agencies under the Chandigarh Administration Private Security Agency Rules, 2006. The said Branch will coordinate with Controlling Authority to achieve objects of the Act.
CRM M-4021 of 2010 [57]
ii) The Controlling Authority should be equipped
with additional staff and officers to deal with "Private Security Agencies".
iii) Any "Private Security Armed Guard" carrying fire arm should be specifically registered with Private Security Agency.
iv) List of Private Security Guards deputed by Private Security Agencies should be specifically maintained and monitored by Controlling Authority. It should be periodically put up before the Controlling Authority. A list of Private Security Guards of all the Private agencies carrying fire arms should be maintained in the office of the Superintendent of Police (Security).
v) Alongwith details given in Form II under Rule 4 of the Chandigarh Administration Private Security Agencies Rules, 2006, additional details in Form II under Rule 4, regarding details of passport and the name of the person with whom the armed private security Guard will be deputed should be forwarded to the Superintendent of Police (Security), CRM M-4021 of 2010 [58]
vi) The antecedents of the person to whom the private security is provided should be supplied to the Controlling Authority;
vii) The details of the property, litigation and criminal case registered against the person employing the private security guard should be forwarded to the Superintendent of Police (Security) through local SHO and the Controlling Authority;
viii) Prior intimation should be given to the Superintendent of Police (Security) and the Controlling Authority before a private security guard is brought inside Chandigarh or taken out of territory of Chandigarh. It will be the responsibility of Private Security Agency to send above said intimation;
ix) A monthly report regarding the fire arms used in a month by the private security guards should be submitted to the Controlling Authority;
x) For misuser of private security guard, the Private Security Agency should be made responsible;
xi) To prevent misuse of fire arms of security guards, licences could also be issued in the name of Private Security Agencies who could issue it to its CRM M-4021 of 2010 [59] enrolled private security guards on retainer basis.
The private security guards engaged by Private Security Agency will be required to submit application to Licensing Authority for keeping weapons on retainer basis. In this manner, the chances of fire weapons getting into the wrong hands will be reduced. Provision could be made for holding both Private Security Agency as well as the security guard liable for misuse of fire arm or misuse of security guard to commit breach of peace;
xii) Controlling Authority/ police should monitor the ammunition with the licence;
xiii) Private Security Agency seeking arms licence should provide proof of having received training in fire arms by the guards who is supposed to carry fire arm;
xiv) The list of armed security guards maintained by one Controlling Authority should be circulated to the Controlling Authorities of other States alongwith the photographs in order to control the misuse of armed security guards by a person hiring them from an agency;
CRM M-4021 of 2010 [60]
xv) The list of the security agencies and the list of the
armed security guards retained by them should be verified every year in the month of April by the Controlling Authority and the SSP;
xvi) Complaints regarding misuse of a private security guard by any person will be looked into by the Controlling Authority and an annual report of such complaints and actions taken will be maintained. xvii) Offences under 2005 Act should be made cognizable after adopting due process of law." In addition to the above, the Controlling Authority in consultation with SP (Security) and Senior Superintendent of Police shall make endeavour to formulate additional guidelines/ rules to ensure that the objectives of the Private Security Agencies (Regulation) Act, 2005 are achieved and the public peace and rights of common citizens are not prejudiced.
A direction is issued that necessary steps will be taken in view of the above said discussion by the UT Administration within six months after the receipt of certified copy of this order. The petition is disposed of accordingly.
May 21, 2013 (M.M.S.BEDI) sanjay JUDGE