Plea In SC Seeks Dedicated Security Force For The Protection Of All Indian Courts [Read Petition]

As per the petition, there is a glaring need for improved security in courts like bringing security measures in District Courts at par with those at High Courts, three-level security placement, fitting of CCTV cameras, metal detectors etc., fixed entry and exit points, entry pass system for visitors in Courts, and deployment of a highly trained workforce in Courts, among other things. It's the right approach and very quickly such type of threefold level check-in is to be set-out as permanent at every court complex and unwanted people should not be allowed into court premises.

The plea moved by Advocate Karunakar Mahalik has been filed in the wake of large number of mishappenings/crimes of violence, firings in court premises and even in Courtrooms, the latest being the murder of U.P. Bar Council's first woman President, Darvesh Yadav.

Concerns have also been raised in the petition regarding the recent violence which perpetrated in the Tis Hazari Court premises in Delhi, in the aftermath of which there is Dharna and demands by the Delhi Police Officials not to co-operate the Court proceedings and to take back the security of various Court premises and to abstain from the security of judges.

The Petitioner asserted that the present security system/forces were not trained to handle excessive use of force and other abuses in Courts' premises. Moreover, local police who provides the security to the District/Trial Courts are not equipped with the arms and not trained to handle the Court security and there is conflict of interest as the local police are also part of the maintenance of Law & Order, crime prevention and investigation and also part of the Prosecution including Court and Judges security which gives local Police in different roles which are contradictory and conflicting.

Thus it was suggested that the court security officers should be specially trained to deal with situations in the midst of crowds and in enclosed spaces. They should be adept at unarmed combat and close quarter battle to minimise the use of lethal weapons.

He also pleaded that a mechanism providing fullproof Security system, specialized for the protection of judicial bodies was crucial; vis-à-vis, the expanding scope of the concept of court security and in the recognition of the agencies and officials who need to be responsible for its provision.

"The concept of "Court Security" has traditionally involved two essential components: first, the procedures, staffing, physical environment, and related resources necessary to protect the functioning and integrity of the judicial process and, second, measures to ensure the physical safety and freedom from intimidation of courthouse users and occupants. Within this framework, the nature and dimensions of the activities and resources required to provide adequate court security have expanded significantly, as have the measures used to assess the adequate court security have expanded significantly, as have the measures used to assess the adequacy of court security provided and the range of agencies that need to be involved in its provisions," the plea read.

It was submitted that specialized and dedicated security of an institution was not new to the system as there was already a specialized Railway protection Force, working for the protection of Railways property and the passengers.

The Petitioner submitted that the judicial institutions had been increasingly targeted by terrorists and anti-social elements, whereby the lives of the Lawyers/Public/Litigants, Court Officials and Judges are often put in danger.

Thus it was prayed that specialized security forces, controlled and managed by a nodal agency, under the supervision of the Supreme Court is necessary.

It was further pointed out that such directions were also crucial from the standpoint of judicial independence and proper implementation of Article 50 of the Constitution.

"independence of judiciary is one of the basic tenets and a fundamental requirement of the Constitution of India Art. 50 safeguards the independence and separation of the judiciary from the executive.

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central and state police forces come under the control and superintendence of the political executive (i.e., central or state government). The Second Administrative Reforms Commission (2007) has noted that this control has been abused in the past by the political executive to unduly influence police personnel, and have them serve personal or political interests. This interferes with professional decision-making by the police (e.g., regarding how to respond to law and order situations or how to conduct investigations), resulting in biased performance of duties," the plea read.

The Petitioner lastly pointed out that police forces in India were already overburdened and not in a position to provide fool proof specialized security and safety to the Judges and persons involve in the Justice Delivery System.

"While the United Nations recommended standard is 222 police per lakh persons, India's sanctioned strength is 181 police per lakh persons. After adjusting for vacancies, the actual police strength in India is at 137 police per lakh persons. Therefore, an average policeman ends up having an enormous workload and long working hours, which negatively affects his efficiency and performance," the plea read.

Thus it has been prayed that a special, dedicated security force be constituted to protect the court premises, as have been done by various countries across the globe.

The petition has been drawn by Advocate Durga Dutt.

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