The Bombay high court has in an order upheld rules that say that repeated instances of misconduct or criminal activities of a private security guard or being habitually drunk can result in the security agency’s licence being cancelled. Citing “the interest of the public”, a division bench of Chief Justice Manjula Chellur and Justice Mahesh Sonak dismissed a petition filed by the Security Association of India (SAI) that had challenged rules including those that require security agencies to obtain a character and antecedent verification certificate before employing private security guards.
“There is nothing arbitrary or unreasonable in making a provision of this nature, taking into consideration the nature of duties which security guards are required to discharge and the standard of care which is expected of a private security agency , which provides for such security guards. (The rules) is undoubtedly reasonable and further is in the interest of the general public,” said the judges.
“In a situation, where the security guards provided by the security agency , repeatedly fail to provide for security or are grossly negligent in providing security or commit breach of trust or misappropriation or are found to be habitually drunk or indisciplined or are found involved in committing crimes or connive or abet a crime against the person or property placed under their charge, then, such security agency can be required to assume the responsibility for the acts of such security guards provided by them.”
