LI Network
Published on: 13 August 2023 at 12:35 IST
In response to recent disturbing incidents of gun firing within court premises in the National Capital, the Supreme Court has issued a series of directions to enhance safety and security within court complexes.
The Court stressed the necessity to uphold the sanctity of the court and ensure the well-being of all stakeholders involved in the judicial process.
The division bench comprising Justice S Ravindra Bhat and Justice Dipankar Datta emphasized that the safety and security of those partaking in the legal proceedings are non-negotiable.
The Supreme Court expressed deep concern and anguish over the multiple instances of gunfire occurring within court premises.
It highlighted the importance of maintaining secure court environments to protect judges, lawyers, litigants, court staff, and the general public.
The Court questioned how justice could be achieved if those delivering justice are themselves unsafe.
It further recalled the tragic incident in 2021 when an Additional Sessions Judge was fatally struck by a vehicle outside the court premises, underscoring that judges must be safe both on and off-court.
The Apex Court noted that security breaches also jeopardize the safety of witnesses and court records. Thus, it urged the implementation and enforcement of robust security protocols and measures to prevent such incidents.
While acknowledging the presence of modern security measures like CCTV surveillance within court complexes, the Supreme Court stressed the need for systemic measures to ensure stakeholders’ faith in the judicial system.
It recommended expedited installation of CCTV cameras in court premises and the completion of digitization efforts to address the issue effectively.
The Court acknowledged the accelerated integration of technology in legal proceedings due to the COVID-19 pandemic but noted the requirement for further advancements, especially at the district and local levels.
Considering input from various High Courts, stakeholders, and Sr. Adv. Siddharth Luthra, the Amicus Curiae, the Supreme Court issued a comprehensive set of directions:
1. A security plan should be established by High Courts in collaboration with State Governments’ Principal Secretaries, Home Departments, and Police Officials.
This plan should cover state and district levels, including outlying areas, and detail measures to enhance court security.
2. The security plan may incorporate the establishment of permanent Court Security Units, outlining manpower sources, duties, training, and financial benefits for personnel.
3. High Courts should expedite the installation of CCTV cameras in court premises, and the respective State Governments should allocate funds for this purpose.
4. Installation of CCTV cameras should be an integral part of court construction projects to ensure consistent implementation.
5. Security measures must also cover entry and exit points with constant monitoring, deploying police personnel, security equipment, and security-specific passes.
6. Strict checks should be enforced on shops and vendors within court premises to prevent potential security breaches.
7. Adequate emergency services like ambulances, medical facilities, and firefighting services must be available within court complexes, with unhindered access.
8. High Courts should prioritize digitization efforts, ensuring facilities for live streaming and recording court proceedings.
9. Innovative initiatives like Audiovisual technology and Videoconferencing facilities for evidence recording and live streaming of court proceedings should be considered.
The Apex Court delegated the decision of assigning security responsibility within court complexes to either the State Court Management Systems Committee or a specially formed committee comprising representatives from various sectors.
High Courts must submit monthly reports to the Chief Justice detailing security measures taken.