The Bar Council of India (BCI) has pleaded with the Supreme Court that a specialised security force be formed under the control of the judiciary to provide protection to judges and Court premises instead of relying on state police.
In an affidavit filed in the Apex Court, the BCI has opposed Centre’s stand that a special unit within the police force be given the task and said that the judiciary should form a separate force under its control and should not be dependent on governments and police force for this purpose.
The BCI filed its affidavit responding to the PIL filed by Karunakar Mahalik through advocate Durga Dutt in 2019 seeking a specialised force for security to all courts, judges, lawyers, litigants and witnesses.
While referring to the killing of a judge in Jharkhand and crimes committed frequently within court premises across the country and clashes between lawyers and police the BCI said that Article 146 of the Constitution gives ample scope to the Supreme Court to appoint and regulate the specialised security force under control and supervision of the judiciary and not the executive.
It is also pointed out by the BCI that the security of Parliament is being handled by Parliament Security Service and on the same line security of the court premises and judges be handled by respective courts.
“In recent times there have been number of incidents of mishappenings/crimes of violence within the court and the court premises thus endangering the Lives of the Judges/lawyers/Public Litigants and Court officials present over there and the stakeholders have right to sufficient security in courts and its premises, seeking uniform guidelines for security measures in all courts across the country,” the BCI said.
Read Also: Calcutta High Court disposes of same sex couple’s plea on police inaction over torture by family
It is highlighted in the affidavit that there is already a specialised security system in the Indian Parliament and the Parliament Security Service of Rajya Sabha and Lok Sabha Secretariat look after the security set up in Parliament House Complex. In the same line there can be Judicial Security Service set up in the Supreme Court, high courts and subordinate courts, claimed the BCI.
After the Jharkhand judge was killed, the apex court took suo motu cognisance and also expedited the proceedings on the PIL and sought response from all states.