The High Court by initiating a suo motu writ
proceedings, seeking adequate security either by CISF or any other agency is
examining a solution to a problem, which in my perception does not exist.
The cause
projected is that the Hon’ble Judges feel threatened in discharging their
duties. Mentally yes, which we have witnessed in many incidents that happened
in the past few years; but I couldn’t recollect any incident, when a physical
threat was posed to any Judge of the High Court or even apprehended. My gut
feeling says that any advocate, even a kind of virulent critic of the judges
will by instinct throw himself in to protect a judge against a physical
assault. We all have a subliminal reverence to anyone in authority and
advocates are no exception.
In any case
all Judges have personal security, provided by the State Police and I don’t
think any judge has complaints. CISF is trained to protect large establishments
and it is no one’s case that they could provide a better personal protection
than the State Police.
The last
straw which forced the Court into initiating the suo motu writ, is the sit-in
protest by few lawyers and students in the First Court. From the information got
through newspapers and the Order of the court, it fails to appeal to my
intelligence how the state police could be blamed that such protest went on
till late evening.
The moment
the Judges found persons, assembled inside their court for the purpose other
than watching the proceedings, they could have directed the Registry to remove
those protesters with the help of personnel provided by the state for the
security of the High Court. It was a small group, without any backing from any
Association and their intentions were clear; to get arrested so as to invite
the attention of the media. No one would question the authority of the court to
remove any visitor, litigant or even an advocate whose presence, the court finds
as an obstruction in the course of its duty to dispense justice.
The power of
the court is not restricted in removing those disturbing its proceedings but
may extend in securing their custody by initiating contempt proceedings or
prosecuting for criminal offences.
The
restriction of entry as in Supreme Court, I don’t think it requires a writ. It
lies in the hands of the High Court to devise such security cover in
consultation with the state police. The problem is no such problem exists as
the Court’s expressed apprehension is not against the outsiders but against
advocates, conducting agitations inside court buildings.
In my memory
only during the hearing of the writ filed by Perarivalan against his death
warrant, outsiders gathered in large number but there was no agitation. Even
during Subramanian Swamy incident, it was the advocates who raised slogans and
disturbed the court proceedings; the restrictions as in Supreme Court is of no
help.
Few years
back, a handful of lawyers including Mr.Bhagat Singh started a hunger strike
inside Madurai Bench building and it continued for a week and lastly advocates
themselves had given themselves to be arrested. The court did not take any
decisive step, except pleading with the advocates to discontinue the hunger
strike. I was wondering why there was no direction from the Court to the police
securing the High Court premises to remove those protesting inside the
building, making it as their home for days; I know I was not along wondering
such but many advocates wished so.
The other
instances, which I think primarily in the minds of the judges when they initiated
the proceedings is the advocates gathering in the corridors and raising slogans
and at times even entering the courts, to take their colleagues out. In none of
those incidents, the High Court so far had directed the state police, providing
security either to stop or to remove the advocates; is it not uncharitable to
blame the state security, when it is not given the opportunity to act.
No court or
judge, will give a carte blanche to CISF or any other agency to act on its own
against the advocates gathering in the corridors or raising slogans. They also
have to wait for the instruction from the Registry to act. The consequence of
such stern action by the uniformed forces to prevent or remove the advocates
from the court corridors would be the same, either It be the state police or
the CISF. However in my humble opinion, even here the state police is better
trained to tackle a mob inside a cloistered and narrow corridors than the
agencies like CISF, who are trained to secure large expanse.
I have seen
that the state police and its intelligence is maintaining a close contact with
bar leaders and picking up information regarding the brewing unrest among
advocates. CISF does not have such luxury and the state police shorn of its
responsibility may not be enthusiastic to share the intelligence with them.
The court can
achieve with the state police, what it intends to achieve. If it could not be
done by state police, no other agency can.
On the other
hand the constant presence of CISF personnel inside court halls with their
camouflaged uniforms and SLRs may instil fear in the minds of not the advocates
but sadly of the litigants and common public who come to court bonafide.
We are living
at a time, when the Courts are undergoing a democratization process; what was once
thought to be the hallowed precincts of maharajas, zamindars and privileged few
gradually underwent a change from the seventies and the process is now almost
complete, which we see by the presence of ordinary citizens, even from remote
villages and marginalized sections in the visitors’ gallery of the court.
High Court
today remains the vestige of last hope for the common men, irrespective of its
many shortcomings; I have seen in their eyes such common men find much at home
when they are in court than before a lowly police officer or a revenue
authority. The presence of alien force, not speaking their language unfortunately
would reverse the process.
My fervent appeal to the High Court is to have a meaningful security;
but in the name of security, do not allow the court to be alienated from the
common man.
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