Continue & Regularly Review Security Arrangements For All District Courts: Delhi High Court Tells Police, Closes Suo Motu Case

The Delhi High Court on Thursday directed the Delhi Police to continue and regularly review the security arrangements put in place in all the district courts in the national capital in consultation with the respective Principal District & Sessions Judges.

A full bench comprising Chief Justice DK Upadhyaya, Justice V Kameswar Rao and Justice Nitin Wasudeo Sambre closed a suo motu case initiated over an incident where a lawyer was allegedly beaten up by opposing counsel and other individuals inside a Tis Hazari court courtroom on February 07.

“We direct that the security bandopast which has been put in place in each of the district courts shall continue and shall be reviewed on a regular basis by the police authorities in consultation with the respective Principal District and Sessions Judges,” the Court ordered today.

This was after the Court was informed by the police that stock of the security bandopast in each district courts was taken and extra police force was deployed wherever needed.

For context, on February 09, the Court had directed the Commissioner of Police, Delhi to take stock of the security situation in all the District Courts, including the Courts at Tis Hazari Court Complex.

On the same day, Delhi Government Standing Counsel (criminal) Sanjay Lao had stated that the police authorities received two rival complaints and on the basis of the same the process of registering FIR had been initiated. He had assured that on the basis of the complaints, FIR shall be lodged with appropriate sections of BNS.

Today, the Court was informed by Lao that investigation in both the FIRs was complete and that a final report is likely to be filed before the concerned Magistrate within a week.

The Court said that the final report be filed before the Magistrate where the concerned parties will have the opportunity to lodge their protest petitions, if they are aggrieved by the final report.

The Bench was informed that the security provided to the lawyer was continuing and that the review relating to the threat perception was conducted, result whereof is awaited.

The Court directed that the security shall continue to be provided to the lawyer and the same shall continue subject to the outcome of the review conducted for assessing threat perception to his life.

Advocate T. Singhdev appearing for Bar Council of Delhi said that notices to the concerned advocates were issued soliciting their replies and that they were also granted opportunity of being heard.

On this, the Court ordered that the proceedings so instituted by the lawyers' body shall be taken to its logical conclusion.

Finally, the Court opined that the suo motu petition so instituted has “lived its life” and no purpose would be solved in continuing the proceedings.

Disposing of the matter, the Court recorded its appreciation for ASG Chetan Sharma, Delhi Government Standing Counsel (criminal) Sanjay Lao, APP Sanjeev Bhandari (Delhi Police) and Singhdev cor their assistance.

“We also appreciate the steps taken by the police authorities in not only promptly investigating the FIRs but also providing adequate arrangements in relation to the security in the district courts which we hope shall go a long way in creating a safe and secured environment so that courts will be able to discharge their duties and functions in the most efficient manner,” the Bench said.

For context, the lawyer had before the Supreme Court stated that while he was appearing in the Court of Additional District Judge Harjeet Singh Pal, on behalf of one accused, the complainant's advocate along with many goons entered the Courtroom, and in front of the Judge assaulted him and the other accused. He claimed that they locked the door of Courtroom from inside and unleashed violence right in front of the judge.

CJI Surya Kant had then asked the lawyer to make a written complaint to the Delhi High Court Chief Justice with a copy to himself as well. Thereafter the lawyer had mentioned the matter before the division bench of the high court pursuant to which the matter was taken up suo motu.

Title: COURT ON ITS OWN MOTION v. GOVERNMENT OF NCT OF DELHI & ORS