Government of Punjab Department of Home Affairs and Justice (Home-IV Branch) Notification

No.5/213/2012-4H4/226

Dated, Chandigarh 11.01.2013

Whereas a Civil Writ Petition No. 832 of 2010 was filed in the Honble High Court. The issue was providing security to Whistle Blowers and Right to Information Activists. Accordingly, a policy was framed and presented in the court and the Civil Writ Petition was disposed off. In another Criminal Misc. No. M-12665 of 2012 (O & M) filed by Nazma in the Honble High Court it was observed that Complainants and the Witnesses in different cases may be included in the policy. The Governor of Punjab is, therefore, pleased to revise the policy for security to Whistle Blowers and Right to Information Activists by including Complainants and Witnesses in different cases as under :(1) (i) Definition:Whistle Blower is someone who makes a Protected Disclosure under this policy. (ii) Protected Disclosure means a concern raised by a written communication made in good faith that discloses or demonstrates information that may be an evidence for unethical or improper activity provided that it is not for personal gain or animosity against anybody. (iii) A RTI Activist may or may not be a Whistle Blower but may be under threat due to his/her continuous efforts to seek information regarding corruption/corrupt practices/malpractices or any other lapse in a Government organization iv) The Complainants and the Witnesses in criminal or civil cases in

judicial courts, before Quasi-Judicial Authorities or tribunals or any other

authority under the Government are also to be protected to the same extent as the Whistle Blower. 2 (a)District Level Committee :District Level Committee means a Committee consisting of the District Magistrate as Chairman and the Senior Superintendent of Police; the District Attorney; the concerned Sub Divisional Magistrate and the concerned Deputy Superintendent of Police as members. A women officer must be member of this Committee. If not so, the District Magistrate shall nominate a women officer as member of the Committee. For the area under the jurisdiction of a Police Commissioner, the Committee would be headed by him in place of the District Magistrate. (b) State Level Committee: -State Level Committee means a Committee consisting of A.D.G.P Security as Chairman and a representative of each of A.D.G.P. Intelligence, Home Department and Advocate General of Punjab as members. (3) (a) Providing Security:The Whistle Blowers/RTI Activists/Complainants/Witnesses in cases who have a threat perception of danger to his/her life or liberty may approach the District Magistrate or the Commissioner of Police as the case may be. The concerned authority shall make an enquiry into the threat perception within 48 hours of the receipt of the application and if it is found that the threat perception is genuine, he/she shall be provided security forthwith.

(b)

Assistance of Intelligence Wing as well as the District police shall be taken to assess the threat perception. All relevant facts shall be taken into consideration before granting or rejecting the request of security to the Whistle Blower/RTI Activist/Complainant/Witness. Proceeding of

deliberations shall be recorded with reasons.

(c)

The intensity of threat may increase or decrease with the passage of time. It is, therefore, necessary to review the cases, ordinarily once in three months.

(d)

The District Committee shall send the copy of the proceedings to the State Level Committee. Similarly the State Level Committee shall send a copy of the proceedings to the Principal Secretary to Government of Punjab, Department of Home Affairs and Justice.

(e)

Any misuse of the security personnel by the protectee shall be viewed very seriously and the remedial action required shall be taken forthwith. It will also attract penal action as per law.
D.S. Bains

Dated, Chandigarh 10.1.2013

Principal Secretary to Government of Punjab Department of Home Affairs and Justice

No. 5/213/2012-4H4/227

Dated, Chandigarh 11.1.2013

A copy is forwarded to the Controller, Printing and Stationery, Punjab, Chandigarh with the request that the above notification may please be published in the Punjab Government Gazette and 100 copies thereof be supplied to the Home Department immediately. Sd/(Harchand Singh) Under Secretary Home

-No. 5/213/2012-4H4/228-233

Dated, Chandigarh 11.1.2013

A copy is forwarded for information and action where necessary to:1. The Advocate General Punjab, Chandigarh. 2. The Director General of Police, Punjab, Chandigarh. 3. The Additional Director General of Police (Security) 4. The Additional Director General of Police (Intelligence)

5. The Commissioner of Police, Amritsar, Jalandhar and Ludhiana. 6. All District Magistrate in the State of Punjab.

Sd/(Harchand Singh) Under Secretary Home