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[2]. The issue arising in all these writ petitions is in respect of withdrawal, pruning, downgrading and de-categorization of 8 of 33 the security of the protectees vide common orders passed by the respondent-State of Punjab. The protectees have assailed the impugned action of withdrawal and de-categorization of their security cover on the ground that the impugned action is against the principles of natural justice and the same is in utter disregard to the policy of the State and without conducting fresh assessment after affording due opportunity of hearing to the protectees. The impugned action of withdrawal or de- categorization of security has been brought under the public domain which has further aggravated the threat perception of the protectees. The protectees have alleged that withdrawal and de-categorization of the security cover is a result of populist action being taken by the Government, instated of assessment of actual serious threats to the lives of the protectees. [3]. In the lead case i.e. CWP No.11872 of 2022, petitioner- Om Prakash Soni was having security cover of 'Z' category and the same has been de-categorized. He is a former Deputy Chief Minister of Punjab till recent elections held in the month of February 2022. He has alleged that he was elected as Member of Legislative Assembly in Punjab for five consecutive terms from 1992 till 2022. Earlier to 1992, he was elected as Mayor of Amritsar as a Congress candidate and remained as Mayor of Amritsar till 1996. During the period 1991-1996, he was elected 9 of 33 CWP Nos.11872 of 2022 & other connected cases 10 as Chairman of All India Council of Mayors for the period from 1994 to 1996. Petitioner-Om Prakash Soni also remained as Chairman of Punjab Agro Foodgrains Corporation and also remained as the Chairman of Punjab State Industrial Development Corporation. He had sworn as Cabinet Minister during the period 2017 to 2022 and held the portfolios of Department of School Education, Environment, Medical Education and Freedom Fighters. He had sworn as Deputy Chief Minister of Punjab on 20.09.2021 and was given security for protection of his life and family members under the comprehensive security scheme. He was 'Z' category protectee. [4]. By referring to the aforesaid political rank, petitioner- Om Prakash Soni has demonstrated some events during his political life where he was attacked by some anti-social elements and he was saved by security guards. Even FIR was registered in respect of an incident on the statement of his security guard namely Sulakhan Singh i.e. FIR No.5 dated 11.01.1999 (registered for the offences under Sections 307, 382, 186, 332, 333, 353, 148, 149 IPC and Sections 25/54/59 of the Arms Act). The accused in the said case were convicted. [5]. On an earlier occasion the security cover of the petitioner-Om Prakash Soni was withdrawn by the earlier government in the year 2007. Taking advantage of the said 10 of 33 CWP Nos.11872 of 2022 & other connected cases 11 withdrawal of security cover, anti-social element opened fire at the residence of the petitioner-Om Prakash Soni. Petitioner filed CRM-M No.47903 of 2007 in the High Court and State had to admit the incident of firing outside the house of the petitioner. The said petition was ultimately disposed of on the statement of learned State counsel with some observations regarding filing of a representation regarding threat perception and consideration thereupon by the State on defined parameters. On that premise, the said petition was disposed of vide order dated 04.04.2008 with some directions regarding, disposing of the representation within 30 days from the date of filing of representation. In the event of passing of any adverse order, the petitioner was held entitled to knock the door of the Court through fresh petition. Thereafter petitioner-Om Prakash Soni moved a representation for providing adequate security at his residence. The representation was rejected by the State Government by passing a non-speaking order dated 14.05.2008. [6]. The said order was challenged by the petitioner-Om Prakash Soni vide CRM-M No.19097 of 2008. The said petition was disposed of by the High Court vide order dated 29.09.2008. The order reads as under:-

[7]. Following the direction of the High Court, threat perception of the petitioner-Om Prakash Soni was reviewed and security was enhanced till holding of election in Punjab. Petitioner was 'Z' category protectee.

[8]. It has been alleged that under the new political dispensation, the security covers of the protectees/petitioner(s), 184 Ex.Ministers and former MLAs have been withdrawn on pick and choose basis without assessing the threat perception. The security of the petitioner-Om Prakash Soni was de-categorized by reducing earlier security cover of 38 to 18 security personnel 12 of 33 CWP Nos.11872 of 2022 & other connected cases 13 with different assignments. Different orders have been passed by the Additional Director General of Police in different lots, thereby pruning, withdrawing and de-categorizing the security covers of the protectees. The grievance of the petitioners(s)/protectees is that while passing the impugned orders, no notice was issued to them and their inputs have not been considered while passing the impugned orders. [9]. Notice of motion was issued to the respondents. In some of the cases, a provision was made to provide additional security personnel as per norms applicable to the protectees. In lead case i.e. CWP No.11872 of 2022, notice of motion was issued on 30.05.2022 by passing the following order:-

"7. However, in our experience, we have hardly seen any security of 'Z' or 'Y' category provided to any ordinary citizen howsoever, grave the threat perception or imminent danger may be to the person concerned. The petitioner, however, has claimed it obviously as a 'privileged class' by virtue of being an ex-minister which at times, may be justified even to an exminister or any other dignitary, considering the nature and function of the duties which he had discharged, which could facilitate the assessment of his threat perception even after laying down the office. But what exactly is his threat perception and whether the same is grave in nature, obviously will have to be left to be decided by the authorities including the authorities of the State or the Centre which may include even the Intelligence Bureau or any other authority concerned which is entitled to assess the threat perception of an individual. But in so far as the Court of law is concerned, it would obviously be in a

24 of 33 CWP Nos.11872 of 2022 & other connected cases 25 arrangements was prescribed in the 'Yellow Book'. The degree of threat varies from individual to individual, depending on factors such as the nature of activities, status, and likely gains for the terrorists, etc. Accordingly, categorized security cover (Z+, Z, Y & X) is provided to them on the basis of gravity of the threat. Thus, threat perception is assessed on the basis of threats emanating from various terrorists, militants, fundamentalists outfits and organized criminal gangs for some work done by the protectees in their public life and, in national interest.