Incidents of firing at court complexes are deeply concerning and pose a significant risk to the safety of judges, court staff and litigants, the Supreme Court said on Friday as it gave a slew of directions for safety and security measures in courts.
The Supreme Court directed all high courts to roll out a security plan for court buildings and submit an action taken report in two months on the installation of CCTVs and digitisation measures to help reduce overcrowding in court complexes.
The order came on a contempt petition filed by one Pradyuman Bisht alleging the failure of states to comply with previous orders passed by the top court from time to time to install CCTV cameras in district courts.
As many as three incidents of firing were reported from Capital’s district courts within the previous years.
Stressing the need to prepare a security plan, the bench of justices S Ravindra Bhat and Dipankar Datta said stating that “safety and security of stakeholders in the judicial process is non-negotiable.”
“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. 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,” the bench said while keeping the matter for the next hearing on October 12.
{{/usCountry}}“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. 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,” the bench said while keeping the matter for the next hearing on October 12.
{{/usCountry}}Expressing anguish and grave concern over multiple instances of firing in court premises in Delhi, the Court said, “Would not hope for the litigants who visit the temples of justice dwindle, if the very halls of justice lack the shield of security.”
With the recent incidents of firing in Delhi courts despite modernised security, the Supreme Court realised that “lapses in court security have occurred” indicating there is a need to put in place “systemic measures” to ensure people’s faith in the judicial system is maintained.
The Court further flagged the issue of the safety of judges outside courts as it said, “Lives of judges, off the court, of late are also not entirely safe and secure,” said the apex court while pointing to the July 28, 2021 incident in Jharkhand where an additional sessions judge posted at Dhanbad was killed in a road accident while out on a morning walk.
The Court further noted that there were immediate measures that must be carried out to address the issue.
As a first step, the apex court directed the high courts to indicate what steps have been put in place to install CCTV cameras, where they are absent, for security within court premises and introduce an audio-visual facility to record evidence and testimonies during the trial.
“These issues, in the present-day scenario, are indeed serious and have far-reaching consequences,” the bench said.
The Court further asked all high courts to draw a security plan in consultation with the state home department and police chiefs of states and Union Territories and ensure its timely implementation.
As part of this plan, the Court suggested setting up a permanent Court Security Unit with armed/unarmed personnel and a supervisory officer and asked high courts to consider its feasibility, mode of deployment, list of duties and financial benefits for such manpower, and to sensitise them in matters of court security.
The guidelines also included steps to secure the entry and exit points of the court complex which require constant vigil with the help of “adequate security equipment, sufficient deployment of adequate police personnel, security stickers for vehicles, frisking, metal detectors, baggage scanners, court-specific entry passes, and biometric devices to enhance overall security”.
Most recommendations formed part of the suggestions given to the Court by amicus curiae Sidharth Luthra who further highlighted concerns regarding data and privacy. The bench asked the respective high courts to draft necessary guidelines in this regard.
The Court order also discussed the aspect of various shops and vendors operating within the court premises and the need to ensure there is a strict check on the relevant permissions for them to operate.
The Court also shared its concerns about putting 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 to such vehicles which would entail keeping the court complex vicinity free from traffic and parking woes.
The Supreme Court further directed that its order be communicated to all chief justices of all high courts who will have the discretion to address the above concerns by either delegating the task to the respective State Court Management Systems committee or a specially constituted committee drawing members from various stakeholders including state government, police, bar and registry. In the past, the Court noted that the court management system committees have largely been “dysfunctional”.
Based on the above guidelines, 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.