Bombay High Court calls for tighter security at Kolhapur district court after attack on lawyer

The Kolhapur Bench of the Bombay High Court recently took note of the need for stronger security arrangements at the Kolhapur district court complex following an assault on a woman advocate earlier this month [High Court on its own motion v. Ashwini Patil].

A Division Bench of Justices Madhav J Jamdar and Pravin S Patil observed that the the Superintendent of Police has taken various measures to improve the security at the court complex. However, the Court added that there was room for improvement.

"A perusal of the report submitted by the Committee of Advocates practicing in Kolhapur District Court appointed by this Court shows that still it is further necessary to strengthen the security arrangement at the Kolhapur District Court Complex and important and significant measures are suggested by the said Committee," the Court said.

It has, therefore, ordered a joint meeting between relevant local authorities and stakeholders, including lawyers, so that further steps can be taken to tighten security arrangements at the district court.

On March 7, advocate Kajal Sanjay Shelake was assaulted by a litigant named Ashwini Patil within the district court complex. On March 9, the Court took cognisance of the matter after reviewing newspaper reports detailing the assault, and registered a suo motu contempt case against the litigant (Patil).

“Abusing and assaulting an advocate affects the administration of justice. Prima facie, we are satisied that conduct prejudices or interferes with the due course of judicial proceedings and /or obstructs the administration of justice”, the Court had remarked while taking cognizance.

The Court has also sought the litigant's response.

Meanwhile, Bar bodies, including the Kolhapur District Bar Association and the Kolhapur High Court Bench Action Committee, also moved a public interest litigation petition for advocates’ safety in court premises. This PIL was heard together with the suo motu contempt case.

On March 11, the Court established a 10-member committee comprising district court lawyers to offer recommendations to enhance the security at the Kolhapur District Court complex. In the interim, the Superintendent of Police was directed to continue implementing effective steps for strengthening the security. 

In the latest order of March 26, the High Court took note of a report filed by the court-appointed committee. The report stated that the existing security arrangements are not sufficient to meet the daily footfall of over 800-1,200 advocates, around 400 court staff and approximately 2,000 daily visitors.

The committee pointed out that a majority of police personnel in the court premises are court duty constables whose primary role is case facilitation, and that they are not specifically assigned with the duty of security at the court complex. 

A significant concern raised was the absence of door-frame metal detectors. Police personnel were only equipped with hand-held metal detectors. 

In response, the State assured the Court that immediate further steps will be taken, including the installation of door-frame metal detectors.

The Court has now directed that a meeting be held to take further necessary steps. To this end, the Court has called for a meeting of the Superintendent of Police, Kolhapur, the Collector, the Superintending Executive Engineer (PWD), the Registrar of the District Court, and three representatives from the Kolhapur District Advocates’ Bar Association. 

During the hearings of the case, the Bar Council of India (BCI) had also brought up the matter of an Advocates’ Protection Bill. The State has informed the Court that the Advocate General would provide an update on the Bill's progress by April 17, when the matter is scheduled to be heard next.

Advocate Shrikrishna Ganbavale assisted the Court as an amicus curiae, and appeared with Advocates VR Patil, Amit Sale and Swaroop Karade.

Government Pleader Neha Bhide with advocates Tejas Kapre and Priyanka Rane appeared for State.

Advocates Uday Warunjikar, NG Kamble and Neha Deshpande appeared for the Bar Council of Maharashtra and Goa.

Advocates Shekhar Jagtap and Sanket Khandagale appeared for Bar Council of India.

[Read order]