Om Prakash Soni v. State Of Punjab And Ors

Om Prakash Soni v. State Of Punjab And Ors

(High Court Of Punjab And Haryana)

CWP-11872-2022 | 30-05-2022

1. Learned counsel for the petitioner contends that decategorization of the security of the petitioner is not on account of any individual assessment made by the committee on the basis of any inputs. The de-categorization has been done without issuing any show cause notice to the petitioner and associating the petitioner in connection with any information. Learned counsel further submits that the security of number of persons has been withdrawn vide common order dated 11.05.2022.

2. Notice of motion for 02.06.2022.

3. On the asking of the Court, Mr. Gaurav Dhuriwala, Sr. DAG, Punjab accepts notice on behalf of the State and Ms. Saigeeta Srivastava, Advocate accepts notice on behalf of Union of India.

4. Learned State counsel is directed to bring relevant material in a sealed cover for perusal of the Court in order to see whether withdrawal/down-gradation/de-categorization of security of beneficiaries has been done on the basis of some bjective data. Information in respect of order dated 11.05.2022 being available in public domain be also brought on record. Relevant information as to whether the order has become public on account of any RTI information or leakage or in collusion of someone having access to the order in question be also brought on record by the adjourned date.

5. To be listed after the urgent list.

Advocate List
Bench
  • HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Eq Citations
  • NON-REPORTABLE
  • LQ/PunjHC/2022/10771
Head Note

Punjab and Haryana High Court Petitioner: Harjinder Singh Respondent: State of Punjab and others Date of Judgement: 18 May 2022 Bench: Hon’ble Mr. Justice Vinod S. Bhardwaj Headnote: 1. Petitioner challenges decategorization of security without individual assessment, show cause notice, or hearing. 2. State counsel directed to present relevant material in sealed cover to determine if withdrawal based on objective data. 3. Information regarding common order dated 11.05.2022, available in public domain, to be brought on record. 4. Court seeks clarification on whether order became public due to RTI information, leakage, or collusion. 5. Case listed after urgent list for further proceedings.