Delhi High Court Admin. Had Raised Concerns About Security In Rohini Court A Year Ago

The Delhi High Court administration in September last year had apprised the High Court's judicial side that there was an urgent need to augment the deployment of police at the Rohini Court complex due to inadequate security arrangements. The affidavit by the High Court Administration had been submitted in response to a Public Interest Litigation (PIL) filed in July 2019 by lawyer Kunwar Gangesh Singh seeking directions to enhance the security systems of various district courts across Delhi in order to mitigate the increasing number of shootouts that had been reported in recent times. 

The petition is still pending adjudication in the High Court. 

The security measures at Delhi's district courts have come into sharp focus after a shocking incident of gun firing took place on Friday in a court room in Delhi's Rohini Court where jailed gangster Jitendra Maan alias Gogoi had been killed.  As per media reports, two assailants of a rival gang who had attacked Gogoi and were posing as lawyers were also killed when the police fired bullets in retaliation. Witnesses told the media that the judge and the court-staff were present while the horrific incident took place. Visuals of litigants and lawyers fleeing for shelter amidst the shootout have emerged. 

Averments in the plea 

Highlighting the poor infrastructure and security systems in district courts in Delhi, the plea stated, 

"The present petition is based upon the witnessed incidents and various statistics which show that the situation regarding safety and security in the district courts in Delhi is far more casually handled as compared to the High Courts and the Supreme Court. Such carelessness and lack of security, in all probability, may lead to some disastrous event which might shake people's faith of safely approaching judicial institutions at district level.'

Furthermore, the petitioner highlighted that there exists an imbalance in the ratio of policemen with regards to the huge number of visitors thus posing a huge security risk. It was also averred that district courts in Delhi have become 'a playground' where under-trials mingle with their fellows and family members without any restrictions while they appear in court. 

"It is hard for the petitioners to understand that why there is no strict code of conduct for general public who attend the courts under the same roof where hardened undertrials appear for trial? And if, public is allowed then why are there no rules and regulations set for the same? Why do authorities need to wait for something disastrous to happen when they can finally establish certain rules regulating them? Unlike the High Courts, district courts are not provided with the same or with a standard that is near to such level of security. It is very easy for one to slip into the court premises without any scan by the authorities which will eventually result in an unexpected consequence.", the plea further emphasised. 

The petitioner also submitted that such rampant incidents of shooting, murder inside court premises not only make the public apprehensive in approaching the court for seeking justice but also adversely affects the working of the judicial system thus resulting in increasing number of pending cases. 

The plea went on to highlight a series of incidents over the past few years wherein undertrials were shot dead inside the Rohini District Court complex by assailants in broad daylight and in the presence of police personnel. It was further contended that although the Delhi Police Rules 2018 provide for the implementation of strict security measures, however such measures are not complied with when undertrails are brought to the court for trial. 

Thus, the plea implored the Court to direct the concerned authorities to issue a separate pass for visitors and students and also to increase the deployment of security personnel in the court premises. 

Submissions by Delhi High Court Administrative Side

The affidavit filed by Joint Registrar(Management & Co-Ordination Cell(Building Maintenance Committee, District Courts) highlighted that a representation had been made to the Delhi government for increasing the number of CCTV cameras in the Rohini Court complex which are 'grossly insufficient'. 

'However, as on date there is grossly insufficient number of CCTV cameras installed in Rohini Court Complex. The matter was taken up in the Building Maintenance Committee, Rohini Courts and the Committee gave approval for installation of CCTV cameras. The matter was sent to Govt. of NCT, Delhi, for Administrative approval & financial sanction. The same is still pending with GNCTD since 25.07.2017, and repeated follow up/reminders have been sent in this regard.', the affidavit read. 

The affidavit further averred that out of the seven district courts in Delhi, only Dwarka had a pass system like the High Court. At the rest of the courts, the issue of establishing pass systems was still pending consideration. 

"As on date the pass system for Lawyers, law students (as interns) & Litigants is not in place. However, the Building Maintenance & Construction Committee (Rohini Courts) is seized of the matter", the affidavit enumerated. 

The High Court Administration further averred that there was an urgent need to augment the security arrangement in the Rohini district court. 

"In view of the growing requirement the same is required to be strengthened further and there is further need to augment the security arrangement in Rohini Court Complex. It is however submitted that in addition to Delhi Police personnel, 33 private security personnel and 01 supervisor have also been hired to further strengthen the security of the Court Complex", the affidavit further stated. 

In the wake of the shocking shootout in Rohini Court yesterday, petitions have been filed in Delhi High Court and the Supreme Court seeking directions to enhance security in courts. The Chief Justice of India NV Ramana has expressed deep concern at the Rohini firing incident and has spoken to the Chief Justice of the Delhi High Court in this regard.

In a related note, the Supreme Court has taken a suo motu case to address the issue of security for judges and courts. The suo motu case was taken in the wake of the killing of Jharkhand District Judge Uttam Anand. Responding to the queries of the Court in the suo motu case, the Central Government said that it is not feasible to have a centralized special force for court security in the lines of CISF/RPF, and it was advisable to leave it to the local police.

Case Title: Kunwar Gangesh Singh v. High Court of Delhi Through Its Registrar General