Assess Threat To Individuals As Per Yellow Book Guidelines: HC 

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SRINAGAR — The Court has no mechanism to assess the threat perception of an individual, approaching it, the Jammu and Kashmir High Court observed and directed the government to reconsider threat perception in tune with the guidelines as laid down in the yellow book. 

The petitioners, in an appeal before the court, stated that they are affiliated with political organizations, active in social upliftment of citizens residing in the Kashmir valley.

“The (government) is required 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. The order of writ Court is accordingly modified,’ a division bench of Justices Ali Mohammad Magrey and Sanjeev Kumar said while disposing of an appeal filed by Taja Parveen and others.

The court said that 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. “We are not dealing with a case where the accommodation provided to the petitioners/appellants is withdrawn as a sequel to the decision of the Security Review Committee for assessment of threat perception to the petitioners/ appellants but we are dealing with a case where admittedly the petitioners/ appellants 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 the petitioners/appellants are occasionally using the same.”

The division bench added: “We are in agreement with the submissions of the learned counsel for the State that the allotment of accommodation in favour of any individual having threat perception, is based on the decision of the Security Review Committee regarding threat perception.” 

The Court, the division bench,  has no mechanism to assess the threat perception of an individual, approaching the Court. “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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