Referring to the crimes committed with judges frequently within court premises and across the country, BCI filed an affidavit with SC seeking a specialized force for the security of all courts, judges, lawyers, litigants, and witnesses.
The Bar Council of India (BCI) has pleaded with the Supreme Court for a specialized force to protect judges and court premises.
In an affidavit filed in the Apex Court, BCI sought the special force be formed under the control of the judiciary instead of relying on the State Police.
The BCI opposed the Centre’s stand to be dependant on the government and police force for this purpose. The BCI has placed a draft Advocates Protection Bill before the Union Ministry of Law and Justice.
The draft is prepared in consultation with all State Bar Councils and suggests measures to protect the safety of advocates in the country. The BCI even proposed to have armed security personnel inside each court hall.
What Did The BCI Say?
In its plea, the BCI stated, “There have been several incidents of mishappenings/crimes of violence within the court premises in the recent times. The stakeholders have right to sufficient security in courts and its premises”.
Referring to the killing of a judge in Jharkhand recently, the BCI mentioned that the lives of the Judges/Lawyers/Public Litigants and Court Officials are in danger.
The BCI further mentioned that “The legal system faces threats, blackmail, harassment, and physical attacks. The independent functioning of the entire Justice Administration System (JAS) is under threat.
Such incidents can hamper the effectiveness of the decisions from being free of bias, pressure, and intimidation.
It is important to create a necessary framework and a protective umbrella for less protected sections viz district and session courts, by creating a fool-proof security system”.
The BCI has shown a lack of interest by stating that the local police providing security to the District Trial Courts are not equipped with arms and not trained to handle the Court security.
Highlights Of The Affidavit
The BCI filed the affidavit in response to the PIL filed by Karunakar Malik through advocate Durga Dutt in 2019, seeking a specialized force for the security of all courts and their stakeholders.
The plea was lodged in the backdrop of violent incidents in the court premises, including clashes between police and lawyers and threats and physical attacks on the officials.
After the Jharkhand judge killing, the court expedited the proceedings on the PIL and sought a response from all states.
The affidavit highlighted the fact that there is already a specialized security system in the Indian Parliament. The Parliament Security Service of Rajya Sabha and Lok Sabha Secretariat looks after the security set up in the Parliament House Complex.
The BCI is looking for a similar Security Service set up in the Supreme Court, High Courts, and subordinate courts.
BCI is seeking uniform guidelines for security measures in all courts across the country. The BCI has urged Supreme Court to invoke its power under Article 146 of the Constitution.
The BCI stated that Article 146 gives ample scope to the Supreme Court to appoint and regulate the specialized force under control and supervision of the judiciary.
The protection of judges returned to the spotlight after a judge in Dhanbad, Jharkhand, was mowed down by a vehicle. In recent times, such incidents are becoming very common. There is a need for a proper security system to ensure bias-free justice in the country.
