Compromising independence of judiciary: Delhi High Court pulls up Delhi Police for approach to judges' security

The Delhi High Court on Tuesday pulled up the Delhi government and the Delhi Police for failing to provide security to judicial officers in the capital [Judicial Service Association of Delhi v. Government of NCT of Delhi and Ors].

The Court was considering a petition filed by Judicial Service Association of Delhi seeking personal security officers (PSOs) and security arrangements for judges at their respective residences.

Justice Manoj Jain called the government’s approach “insensitive” and expressed displeasure on their “apathy” towards the judicial officers’ plea.

“It's high time. If we can provide them with court staff, we can provide them with PSO. What stops a city like Delhi where the crime is alarmingly high? Why such apathy? "Hume bureaucrat ko bhi dena padega" [we will then have to provide security to bureaucrats also] what is this answer? You are compromising with the independence of judiciary.”

On the last date of hearing, the Court had directed for a meeting to be held among senior officers of the Delhi government, the Union Ministry of Home Affairs and the Delhi Police. The minutes of the meeting was placed before Court today.

“You want someone to be first threatened, assaulted, only then you will come to the rescue? You don't want to create an atmosphere where they can freely roam on the roads. You don't want to create that atmosphere for them,” the Court stated after reading the minutes of the meeting held on April 13.

Senior Advocate Kirti Uppal, representing the Judicial Service Association, stated that Maharashtra, Andhra Pradesh and Gujarat are providing security to judicial officers. He told the Court that many judicial officers drive themselves to court and face several incidents of stalking, abusing and threatening.

Standing counsel for the Delhi government Sanjay Lao was appearing for the Delhi Police. The Court was informed that the Home Ministry has written to Registrar General and is taking feedback on how many persons are residing in the judicial offices complex and how many are residing in private residences.

“Tell me, are you doing any charity by providing security when there is threat perception? How do you say, one only difficulty is that there could be burden to exchequer. The question is, where somebody is moving in a private vehicle or official vehicle then what are these steps which are being taken. They are asking for PSO virtually round the clock. It is a legitimate demand,” the Court stated. 

Further, the Court noted from the minutes of the meeting held on April 13 that the Principal Secretary of Department of Law, Justice and Legislative Affairs was not invited.

Thereby, the Court directed the authorities to hold another meeting within seven days and make suitable suggestions.

“We are permitting you to hold another meeting. Come with some good suggestions, this will not work. Within 7 days. We are not taking this on record [minutes of meeting]. As Mr Uppal said, insensitive approach. You cannot say that we will provide security, you only to those court who are exercising criminal jurisdiction. That is also not acceptable. Please make best effort.”

The next date of hearing is May 12. 

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