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‘Gunfires in courts appalling’: SC asks HCs to prepare security plan
The top court asked all high courts to draw out a security plan in consultation with the state home departments and police chiefs of states and union territories and ensure its timely implementation
New Delhi
Expressing deep concern over incidents of gunfire in courthouses that pose significant risk to judges, litigants, lawyers and judicial staff, the Supreme Court has directed all high courts to tighten security and submit action taken reports in two months on installing CCTVs and boosting digitisation to discourage overcrowding.
The order came on a contempt petition filed by litigant Pradyuman Bisht, alleging failure of states to comply with previous orders passed by the top court to install CCTV cameras in district courts, as a result of which three incidents of firing were reported from capital’s district courts in recent times. It will hear the matter again on October 12.
“It is appalling that court premises in the national capital itself, in the past year or so, have witnessed at least three major incidents of gunfire,” a bench of justices S Ravindra Bhat and Dipankar Datta said on Friday. “Such incidents, that too in court premises, are deeply concerning and pose significant risks to the safety of not only judges but lawyers, court staff, litigants and the general public.”
“Lives of judges, off the court, of late are also not entirely safe and secure,” the bench said, pointing to the July 28, 2021, incident in Jharkhand where an additional sessions judge posted at Dhanbad, known to have passed several orders against the mining mafia, was killed in a road accident while out on a morning walk.
The top court had taken cognizance of the incident on its own. “It is suspected that the incident is not merely a hit and run incident, but there is something more than what meets the eyes,” it had said. Since the trial is ongoing, the court refrained from making any further observation.
Asking high courts to prepare a security plan to secure courts, the bench said it was “critical” that judicial institutions take comprehensive steps to safeguard the well-being of all stakeholders, stating that “safety and security of stakeholders in the judicial process is non-negotiable.”
“Would not hope for the litigants who visit the temples of justice dwindle, if the very halls of justice lack the shield of security,” the court wondered, posing a question how litigants can secure justice for them when those entrusted to render justice are themselves insecure.
But with the recent incidents happening in Delhi in courts with modernised security and CCTV cameras in place, the court realised that “lapses in court security have occurred,” indicating the need to put in place “systemic measures” to ensure people’s faith in the judicial system is maintained.
As a first step, the court asked the high courts to indicate what steps have been put in place to install CCTV cameras, where they are absent, for security within premises and introduce audio-visual facilities to record evidence and testimonies during trial. The bench said, “These issues, in the present-day scenario, are indeed serious and have far-reaching consequences.”
The court asked all high courts to draw out a security plan in consultation with the state home departments and police chiefs of states and union territories and ensure its timely implementation. As part of this plan, it suggested setting up a permanent court security unit in each court complex with dedicated personnel and supervisory officers.
The guidelines included steps to secure entry and exit points, sufficient deployment of police, security stickers for vehicles, frisking, metal detectors, baggage scanners, entry passes, and biometric devices. Installation of CCTVs should be an integral part of construction projects of upcoming court buildings and states should provide requisite funds for ensuring their installation.
Most recommendations formed part of the suggestions given to court by amicus curiae Sidharth Luthra who highlighted concerns regarding data and privacy. The bench asked high courts to draft necessary guidelines.
The court also shared its concerns on having emergency services in place by making available ambulances, medical facilities and firefighting services within court complexes. The high courts were asked to ensure unimpeded access of such vehicles.
Another aspect of the order dealt with digitisation of court complexes. “We have been apprised that at present, there are many courts which lack facilities to live stream court proceedings as well as facilities to record trials,” the bench said. The court asked high courts to examine this issue and implement “fresh and innovative ideas” such as use of audio visual and videoconferencing facilities for recording of evidence, testimonies so that the possibility of any untoward incident in any court premises is avoided.
The court directed that the order be communicated to all chief justices, who will have the discretion to address the concerns by either delegating the task to the respective State Court Management Systems committee or to a specially constituted committee drawing members from various stakeholders including state government, police, bar and registry.
The court asked all high courts to submit a preliminary action taken report on the security measures as well as digitisation by October 10 for passing further orders on the next date of hearing.
