NEW DELHI: Gunfights and deaths within the court complexes have become frequent, disrupting the administration of justice. Such incidents not only impede the ability of judges to do their job fearlessly but also cause panic among the general public. The latest incident was the murder of gangster Sanjeev Maheshwari, who was shot dead near the door of the courtroom in Lucknow.
The Delhi High Court in 2021 took suo motu cognizance to look into the safety and security of courts in Delhi, saying there was a need for effective deployment of an adequate number of police personnel in courts. The top court too in the same year expressed concerns over the security measures provided inside court complexes, suggesting the Centre government form a special force to protect court complexes and judges across the country. A bench headed by former Chief Justice NV Ramana had also criticised the states for presenting a “lazy picture” of security arrangements and had said that the mere installation of CCTVs would not prevent lethal attacks.
However, this February the SC observed that courts are public spaces, and they cannot be converted into “fortresses” preventing people from accessing them. The top court’s reaction came as it heard a clutch of petitions demanding an increase in security across court complexes in the country and a specialised force to safeguard judges, lawyers, litigants and witnesses.“Not all judges may need security...We don’t want rhetoric. We want facts,” the bench said.The Centre, however, did not express its keenness, arguing that the state police was better equipped.
However, data reveals that there have been over 125 deaths and injuries to 250 people as a result of such attacks. Most attacks in or around the court buildings have occurred in UP and Delhi. This paper spoke to some legal experts on the ways in which security in courtrooms can be enhanced.“In order to put in place a robust mechanism, the need of is proper implementation of security measures. This requires collective action,” says SC lawyer Abhikalp Pratap Singh.
Senior advocate Sanjoy Ghose said the system of litigation passes for clients should be streamlined and made accessible easily. “There has to be an effective protocol for security, though lawyers have themselves objected to excessive security checks. We all have to cooperate in the process as no one should be above the law,” said Ghose.