'Appalling': SC Expresses Concern Over Firings At Delhi Courts, Issues Directives For Enhancing Security

On Friday, the top court stated that maintaining the sanctity of a court as a location where justice is delivered and the rule of law is protected is non-negotiable.

Supreme Court.

Source : PTI

Concerned by recent episodes of firing in Delhi courts, the Supreme Court has emphasized the necessity for a security strategy, including permanent Court Security Units (CSU) stationed in each judicial complex throughout the country, news agency PTI reported. It stated that such instances pose substantial dangers to the safety of not just judges, but also attorneys, court personnel, litigants, and the general public, and issued a slew of directives aimed at beefing up security on court grounds.

On Friday, the top court stated that maintaining the sanctity of a court as a location where justice is delivered and the rule of law is protected is non-negotiable.

A panel of Justices S Ravindra Bhat and Dipankar Datta stated that extensive actions must be taken by judicial institutions to protect the well-being of all stakeholders.

"Would not hope for the litigants who visit the temples of justice dwindle, if the very halls of justice lack the shield of security? How can the litigants secure justice for them when those entrusted to render justice are themselves insecure? 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. Preserving the sanctity of a court as a space where justice is administered and the rule of law upheld being non-negotiable, it is critical that judicial institutions take comprehensive steps to safeguard the well-being of all stakeholders," the bench was quoted by PTI in its report.

Several court buildings in Delhi have recently seen gun violence. In July of this year, a shooting occurred in Tis Hazari court following intense confrontations between two groups of attorneys. In April, there was a shooting incident at the Rohini court complex as a result of a disagreement between attorneys and their clients. In the same month, a lawyer fired at a woman on the Saket court grounds.

Jitender Gogi, a notorious mobster, was shot dead by two gunmen in the Rohini court complex in September 2021. The cops shot his assailants dead on the spot.

The Supreme Court stated that it is aware that gaps in court security have happened despite the use of contemporary security measures such as CCTV.

"This is indicative of the fact that systemic measures are necessary to maintain the faith of all stakeholders in the judicial system. To our mind, mere installation of CCTV cameras may not be enough and something more is required in public interest to check activities which compromise the safety and security of all stakeholders of the justice delivery system, particularly in court complexes," the bench said. 

"However, this does not undermine the importance of immediate measures that need to be carried out by the relevant authorities to address immediate issues while the wheels of long-term solutions are set in motion," the bench further said.

The Supreme Court stated that a security strategy devised by the high courts in conjunction with the principle secretaries, home departments of each state government, and directors general of police of states/union territories or commissioners of police should be in place.

"The security plan may include proposal for setting up of permanent Court Security Unit(s) in each complex, indicating the strength and source of drawing of manpower including armed/ unarmed personnel and supervisory officer(s) for each such unit, the minimum term and mode of deployment of such manpower, list of duties and additional financial benefits for such manpower, as may be offered to secure their willingness to serve in such Units," it said.

The Supreme Court stated that unique modules for training and sensitising such people in terms of court security should be developed.

The bench stated that the schematics of CCTV camera installation would have to be drawn out on a district-by-district basis, with the respective state governments providing the necessary funding for the timely implementation of such a plan.

"We emphasize that the installation of CCTV cameras should be an integral part of the construction project of courts, and therefore should be prioritised. Further, upon the finalisation of the security plan, the High Courts may entrust the responsibility of installation and maintenance of the CCTV cameras with the concerned District and Sessions Judges for a more realistic analysis of local requirements," the bench said.

The apex Court ordered that appropriate personnel be deployed to secure court complex access and exit points.

"In this regard, the courts may consider putting in place security measures such as 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. Other security measures may include regulating the use of court premises as thoroughfares, if necessary, even by way of total prohibition. There have been various concerns regarding the operation of various shops and vendors within court premises which may result in potential security lapses. In this regard, the relevant authorities may keep a strict check on the relevant permissions required for their continued operations," it said.

It is possible to guarantee that emergency measures such as ambulances, medical facilities, and firefighting services are promptly available and upgraded within court buildings, and that such vehicles have unrestricted access to the grounds at all times. This involves maintaining free mobility and preventing traffic and parking congestion in the court complex's surroundings.

The Supreme Court stated that it has often emphasised the importance of digitising judicial infrastructure, particularly at the district level. "We have been informed that many courts currently lack the ability to live stream court proceedings as well as record trials." We hope that the High Courts will investigate these problems thoroughly.

“Initiatives like Audiovisual (AV) technology/ videoconferencing (VC) facility for recording of evidence and testimonies in trial, live-streaming of court proceedings at all levels, establishing e-SEWA Kendras, particularly in remote areas may also be considered accordingly,” it said.

While the pandemic generated by COVID-19 has expedited the penetration of technology in courts, the Supreme Court has stated that more work remains to be done, particularly at the district and taluka levels. It directed that copies of the order be provided by the register to the registrar general of each high court for presentation to the separate chief justices. The orders were issued in response to a number of petitions about the safety of judges and security measures in courtrooms around the country.