Private citizens facing threats to their life would have to cough up around Rs 1 lakh per month for police protection, according to a new policy unveiled by the Maharashtra government and approved by the Bombay high court..
Maharashtra advocate general Ashutosh Kumbhakoni placed the revised policy in the form of a government circular before a division bench of Chief Justice Manjula Chellur and Justice Mahesh Sonak.
"A person is not entitled to police protection as a matter of right and it is not a commodity that can be purchased or a service that can be availed by payment," said Kumbhakoni.
As per the policy, it would be the obligation of the state to provide police protection, and the only factor that would be considered would be if the person is facing "an actual and factual threat." The superintendent of police or commissioner of police will head the committee that is empowered to take a decision on whether a private citizen should be provided police protection.
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The policy says while security cover cannot be denied to a deserving person who cannot afford to pay, however citizens who can afford to pay should be charged.
"If one can financially afford to pay (for) such police protection there is no reason why tax payers' money should be used for grant of such protection by causing a drain on the public exchequer," said the government circular.
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The policy says charges will be calculated as per a formula that takes into consideration the pay scale as well as allowances of the policemen providing cover. As per the formula, the monthly fees to be paid for security cover will be Rs 95,418 per constable and Rs 1.02 lakh per police naik.
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Extra charges will be levied if a police vehicle is provided. However, the protection fee will be completely waived off if the monthly income of the citizen who wants security cover is less than Rs 50,000. Similarly, the total protection fee would not exceed 15 per cent of the gross income of the citizen.
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In order to secure the payment, the persons would be asked to deposit fees for three months as bank guarantee. The state earlier charged private persons up to Rs 75,000 per month.
The circular clarified that no protection fees would be charged to elected representatives or government officers if security is provided to them for discharging official duties.
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The government dropped a controversial proposal to deny security cover to private citizens with criminal antecedents which it had rationalized saying the "threats are a creation of their own illegal activities." The advocate general said applications by persons with criminal records would be decided on a case-to-case basis.
The court was hearing a public interest litigation filed by Mumbai-based advocate Sunny Punamiya over dues owed to the state by private persons who were provided police protection.