SECURITY ASSOCIATION OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, which claims to be an association of security agencies, seeks declaration that the following provisions are ultra vires Articles 14, 19 and 21 of the Constitution of India;

(2.) The Private Security Agencies (Regulation) Act, 2005 is the Central legislation to provide for the regulation of private security agencies and for matters connected therewith or incidental thereto. Sec. 3 of the said Act requires the State Government, by notification, to designate an officer not below the rank of a Joint Secretary in the Home Department of the State or an equivalent officer to be the controlling authority for the purposes of the said Act. Sec. 4 of the said Act provides that no person shall carry on or commence the business of private security agency, unless he holds a licence issued under the said Act. Sec. 6 prescribes the prerequisites a person must possess, before, he is considered for issue of a licence under the said Act. Sec. 7 prescribes the procedure to apply for licence under the said Act. Sec. 8 is concerned with renewal of licence.

(3.) Sec. 9 of the said Act provides that every private security agency shall, within six months of obtaining the licence, commence its activities. Such private security agency is also required to ensure imparting of such training and skills to its private security guards and supervisors as may be prescribed. There is obligation to employ such number of supervisors as may be prescribed. Sec. 10 of the said Act prescribes the prerequisites in the matter of employment or engagement of private security guards. Subsection (2) of Sec. 10 bars the employment or engagement of any person as a private security guard or supervisor who has been convicted by a competent court or who has been dismissed or removed on grounds of misconduct or moral turpitude while serving in any of the armed forces of the Union, State Police Organisations, Central or State Governments or in any private security agency.