Recent Gunfire Incidents Within Courts Premises| Supreme Court Issues Guidelines For Comprehensive Security Measures
The Supreme Court has issued comprehensive guidelines to enhance security and digitize the Court's infrastructure in response to recent incidents of gunfire within court premises and concerns over the safety of all stakeholders in the judicial system.
A two-judge Bench of Justice S. Ravindra Bhat and Justice Dipankar Datta emphasized the need to safeguard the sanctity of courts as spaces where justice is administered while posing a disturbing question,
“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?”
The Court was seized of a contempt petition arising out of an alleged wilful and deliberate violation of the Apex Court’s orders in Writ Petition (Criminal) No. 99/2015, whereby various directions were issued by this Court related to the installation of CCTV cameras in court complexes which is pending.
The Bench was concerned with the following two issues highlighted by the petitioner by instituting the writ petition in the public interest: a) Installation of CCTV cameras and other measures to ensure security within court premises; and b) Audio-visual facility to record evidence and testimonies during trial.
Advocate Durga Dutt (AOR) appeared for the Petitioner and Advocate Abhinav Mukherji (AOR) appeared for the Respondents.
Security Measures:
The Court suggested that High Courts, in consultation with relevant government authorities, are required to develop a comprehensive security plan. It was directed that this plan should be implemented at both state and district levels, encompassing all court complexes. A pivotal component of this plan would be the establishment of permanent Court Security Units. These units must specify the composition of manpower, details of deployment, comprehensive training programs, and financial incentives for the personnel involved in ensuring security within the court premises.
Particular emphasis was asked to be placed on the prioritization of the district-wise installation of CCTV cameras. The Court observed that collaborative efforts with State Governments were crucial in this regard, and integrating security measures into the construction projects of new court facilities was essential to ensure that security is inherent in the design and functionality of the complexes. The handling of data from these cameras should address privacy concerns, with clear and appropriate guidelines in place.
High Courts have been allotted the authority to entrust the responsibility of installing and maintaining the CCTV cameras to the respective District and Sessions Judges, ensuring a localized and practical approach to security implementation.
Digitization of Judicial Infrastructure:
High Courts are strongly encouraged to prioritize the digitization of the judicial infrastructure, with a specific focus on district-level courts. This prioritization includes enabling live-streaming of court proceedings and establishing facilities for recording trials. Forward-looking initiatives such as integrating Audiovisual (AV) technology and Videoconferencing (VC) for recording evidence, along with the establishment of e-SEWA Kendras in remote areas, are recommended. These digital advancements aim to enhance accessibility to justice and facilitate more efficient court proceedings.
Committees and Monitoring:
The Court directed that the responsibility of addressing safety and security concerns within court complexes would rest with the discretion of Chief Justices of High Courts. An additional recommendation was made for the potential delegation of these concerns to the State Court Management Systems Committee or the formation of a specially constituted committee with diverse membership. High Courts were asked to provide regular monthly reports to the Chief Justice, keeping them informed about the implementation status of the recommended security and digitization measures.
Timelines:
The Court held that High Courts are expected to submit preliminary action-taken reports on the implementation of security measures and digitization in alignment with the provided guidelines by October 10, 2023. The consideration of writ petitions and related matters was scheduled for October 12, 2023.
Cause Title: Pradyuman Bisht v. Union of India & Ors.
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