PIL filed in Supreme Court to establish a Specialized Security Force in all Courts.

A division Bench of Justice AM Khanwalikar and Dinesh Maheshwari Issues notice.

By :- Syed Ali Taher Abedi

The PIL filed by Advocate Durga Dutt pointed out that many anti-social elements were entering into the court premises with arms, thereby creating an extremely “insecure atmosphere”.

In order to control such situation of inadequate condition of safety measures in court premises, it has become expedient to improve security measures in court premises, the PIL states.

seeking special arrangement and enhancement of security and safety measures in the District/Trial Courts, High Courts of the country and this Hon’ble Court as the judicial institutions are being increasingly targeted by terrorists and anti-social elements and thereby for enforcement of Fundamental Rights as guaranteed under Article 21 of the Constitution of India as everyone has the right to life, liberty and the security.

It has been also pointed out the incidents of anti-social elements entering into court premises with arms, creating an insecure atmosphere in the court premises across the country.

The guidelines are sought to be issued after looking at the report from the authorities on the prevailing security arrangements in District and High Courts and this Hon’ble Court.

It has become expedient to improve the existing conditions of security measures in courts premises across the country in view of the several instances of attacks which took place in many District and High Courts in the last decade including the murder of U.P. Bar Council’s first woman Chairperson, Darvesh Yadav in the court premises and the latest being the Police firing against the lawyers and subsequent clashes which resulted in complete standstill of the Courts’ Proceedings in District Courts of Delhi and other Courts across the Country. There have been various incidents of attacks against advocates, policemen, under trial prisoners, accused persons, witnesses, and people visiting the Courts. The violent incidents and attacks in Court premises have infringed the life, liberty, security and dignity among advocates, litigants, court officials and the Presiding officers. Such incidents affect the right to life and security of the people coming to the courts all across India. Hence, for the sake of promoting the need for security measures, the petitioner submits that the security of those working and those visiting the courts is vital for conserving the sanctity of justice delivery system. “In order to protect the integrity of our judicial system, there must be a feeling of security, safety, life and liberty established for the people visiting and working at the courts. Security is not a one-time achievement. It is a serious and continuous goal and requires constant vigilance. Further, it must be the number one priority every single day for all those interested and involved in the process of Justice Delivery System.”

That the Special Security Agencies dedicated for the Courts’ Security would be aptly suitable to provide all kinds and round the clock security to the Court Complex and preventing unwanted people to enter into the Court premises.

         That the security of court premises & persons related to the justice delivery system, is essential part of courts’ integrity & sovereignty. Sovereignty of Courts is not limited only to its justice delivery system but also to its security and the security of Courts cannot be compromised not only to the aspect of morality but also the tangible aspect.

          “Courthouses must be a safe harbor to which members of the public come to resolve disputes that often are volatile. Once courthouses themselves are perceived as dangerous, the integrity and efficacy of the entire judicial process is in jeopardy.”  Hon. Ronald M. George, Chief Justice of California, 1996-2010.

         That specialized and dedicated security of an institution is not new to the system. There is existence of specialized Railway Protection Force for the protection of Railways property and the passengers and it comes under direct control of Railway Board and not under the Ministry of Home Affairs. The “Railway Protection Force (RPF)” is a security force, established by the Railway Protection Force Act, 1957 ; enacted by the Indian Parliament for “the better protection and security of railway property“. It has the power to search, arrest, investigate and prosecute, though the ultimate power rests in the hands of the Government Railway Police.^. The force is under the authority of the Ministry of Railways.

         That this is noteworthy to mention that there is also special Security Police i.e.“Marshal of the United States Supreme Court” answerable to the Court itself.

The Marshal of the United States Supreme Court is appointed by the Supreme Court. The Marshal and the Supreme Court Police are authorized by Title 40 Section 6121 of the U.S. Code.

The security force for the United States Supreme Court was established with name “Supreme Court of the United States Police”. The Supreme Court of the United States Police is a small U.S.

Federal Law enforcement agency whose mission is to ensure the integrity of the constitutional mission of the U.S. Supreme Court by protecting the Supreme Court building, the justices, employees, guests, and visitors.

         That it is further mention that the South Australian Legislation also passed the Sheriff’s Act 1978 and the objective of the act is to provide for the appointment of the sheriff for providing security and maintaining order at courts and other places.

The Tasmanian Legislation in Australia also passed “The Court Security Act, 2017, which conferred power to the Registrar of the Court to appoint the Sheriff and the Sheriff would appoint the Security Officers for the Supreme Court in Tasmania.

The Dedicated Security System for Courts’ Security needs to be unified with all India Character and the personnel need to be trained to handle sensitive and specialised job of Courts’ security, Courts compound, parking, crowd management, witness protection, protection of child witness, women, most vulnerable and should carry appropriate arms, ammunitions and should be expert in search and seizures.

        It is often seen that the deployment of security cannot disregard basic human rights. They are not mutually exclusive.

       In fact, in an ultimate sense, the object of security is to guarantee basic human rights, including safety of the human being.

       It is necessary to work towards a strategic reconciliation of the need for security and the imperative of upholding human rights.

        Furthermore, it is imperative to note that policing court premises is different from policing nuclear installations, airports, seaports, power plants, sensitive government buildings and heritage monuments which have controlled access and routes and there are already secured by the specialised agencies viz. CISF, Indian Coast Guard etc.

Read The Petition Here.