Suo Motu W.P.No.29197 of 2015 S uo Motu W .P.No.29197 of 2015 THE HON’BLE CHIEF JUSTICE and SUBRAMONIUM PRASAD, J. This matter was listed today and we have perused the previous orders passed from time to time. We have been informed by the learned Additional Solicitor General of India and the learned Advocate General that a Public Interest Litigation in W.P.No.1635 of 2020 has been filed pertaining to common security arrangements being organised for the entire premises in and around the High Court. Let the said Public Interest Litigation be connected with this writ petition.full order in the link
S uo Motu W .P.No.29197 of 2015
THE HON’BLE CHIEF JUSTICE
and
SUBRAMONIUM PRASAD, J.
This matter was listed today and we have perused the previous
orders passed from time to time. We have been informed by the
learned Additional Solicitor General of India and the learned Advocate
General that a Public Interest Litigation in W.P.No.1635 of 2020 has
been filed pertaining to common security arrangements being
organised for the entire premises in and around the High Court. Let
the said Public Interest Litigation be connected with this writ petition.
2.The present writ petition was instituted suo motu in the
circumstances that are already on record.
For ensuring ample security measures inside the Courts, the
matter has reached the Apex Court in W.P. (Civil) No.1422 of 2019,
where a proposal for deploying paramilitary force (Central Industrial
Security Force or like) has been mooted and is under active
consideration by the Apex Court for applying such security measures
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throughout the country in the High Courts. The orders passed on
27.01.2020 have been placed before us.
4.A very recent unfortunate incident has been reported by the
Deputy Commissioner of Police, High Court Security, in a letter dated
30.01.2020 addressed to the Registrar General that has been placed
before us. The letter reads as under:-
From To
Deputy Commissioner of Police, The Registrar General,
High Court Security, Hon’ble High Court of Madras
Greater Chennai Police, High Court Campus,
Chennai-104. Chennai-104.
C.No.08/DC-HCS/Camp/2020 Dated 30.01.2020
Sir,
Sub: Greater Chennai Police – High Court Security –
Unauthorised assembly & procession inside the
Hon’ble High Court premises under State Police
Control by Retired High Court Judges and
Advocates – Report sent – Reg.
On 30.01.2010 at 10.30 a.m. has a group of advocates
including seniors namely, Tmt.Vaigai, Tmt.Sudha, Tmt.Subha,
Tr.Girirajan, Tr.Milton, Tr.Bharathi, Tr.Parivendhar, Tr.Patharsaith
etc and Retired High Court Judges Tr.Haribaranthaman, Tr.Kannan
& Tr.Akbar were assembled near Aavin parlor walked in procession
to North Gate via Kuralagam, reached B2 Esplanede Gate entered
inside and finished at Dr.Ambedkar Statue.
They were stopped and advised for their unauthorized
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activities. But they refused to hear the Police Officers who were on
duty. The report of the Inspector of Police, High Court Security is
enclosed for perusal. The video CD & Photos (CD) are also
enclosed.”
The said letter has already been endorsed by Chief Justice to be placed
before the Security Committee, vide order dated 30.01.2020.
5.Having noticed the said incident reported, what is of more
concern is that the incident involves and names three former High
Court Judges of having entered the premises and joined the protest
that was going on.
6.The gravity of the said incident, therefore, puts on guard the
entire judicial system, as this may have a large impact on the future
security measures that may be required to be undertaken by the High
Court. The incident, therefore, requires an immediate concern to be
taken up on the administrative side and we, therefore, request the
Security Committee of the High Court to take up the matter urgently
along with its suggestions and report the matter back for taking
appropriate action on the judicial side or otherwise by the next date
fixed.
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7.The learned Additional Solicitor General of India and the
learned Advocate General have also expressed their separate
concerns. The learned Advocate General has urged that there are
about an approximate number of 500 chambers of lawyers, where
lawyers are running their offices and in order to facilitate the entry of
their clients, who may not have their cases fixed on a particular date,
some adjustments have to be made, as such lawyers who do not have
any separate offices, run their profession only through the chambers in
the High Court.
8.On the other hand, the learned Additional Solicitor General of
India informs that the measures of security that have been undertaken
by the Central Industrial Security Force are not being standardised on
account of two zones of operation within the premises of the High
Court itself. The coordination, therefore, being lacking and the same
standard not being deployed may be a cause of concern in future. He,
therefore, submits that the operational systems to be followed have to
be synchronized in a manner that the security of the entire premises,
keeping in view the threat perceptions that keep on arising and taking
into concern such other incidents, have to be standardised. The
learned Additional Solicitor General of India also has submitted that
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the deployment of the Forces are continuing on the strength of the
interim orders passed in the present proceedings. We find from the
order dated 21.10.2019 that the arrangements for the continuance of
the Central Industrial Security Force deployed in the High Court are to
continue until further orders. The learned Additional Solicitor General
of India contends that in the absence of any certainty, the Central
Industrial Security Force is facing certain deployment concerns,
including posting of soldiers and officers on a permanent basis. This
uncertainty, therefore, should be cleared in order to ensure that the
system is run on a permanent basis instead of a temporary
arrangement.
9.On this, the learned Advocate General contends that the
finances of the deployment of these Forces are being borne for the
time being by the State Government and therefore, a long term or a
permanent nature of arrangement may require a coordinated
deployment and resolution of financial matters, so that this system
which is continuing may be made available on a permanent basis in the
High Court.
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10.Keeping in view the aforesaid concerns that have been
expressed and also the incident reported and extracted hereinabove,
we also request the Security Committee to deliberate upon these
issues and also coordinate with the Director General of Police, State of
Tamil Nadu as well as the high-ranking officials of the Central
Industrial Security Force, including local Commandant, for evolving
concrete suggestions in order to crystallise the security arrangements
preferably on a permanent basis. The exercise may, therefore, be
undertaken at the earliest.
11.The reporting agencies are instructed not to report anything
beyond what is recorded in the order, so as to create any
misconception or confusion.
Put up the matter on 02.03.2020, along with W.P.No.1635 of
2020.
(A.P.S., CJ.) (S.P., J.)
31.01.2020
sra
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