Jammu & Kashmir HC issues notice to deploy Central Armed Police Force to secure High Court, District Courts

The Jammu and Kashmir High Court recently directed the Ministry of Home Affairs to urgently consider deploying the Central Armed Police Force for securing both the wings of the High Court as well as district courts, in view of recent recent reports of unruly lawyers blocking access to the courts. The order passed to this effect on Wednesday states,.“Given the …. threats to not only justice dispensation but actions which may imperil lives of persons accessing the courts as also the public property in the nature of court infrastructure, clearly the local police may not be able to provide the requisite protection. We are therefore of the view that … deployment of a Central Armed Police Force should be urgently made in respect of the Jammu and Kashmir High Court and all District Courts in the Union Territory of Jammu and Kashmir.“.A bench comprising of Chief Justice Gita Mittal and Rajesh Bindal took suo motu cognizance of recent incidents of lawyers’ strikes in Jammu and Kashmir and further issued notice to the government of Union Territory of Jammu and Kashmir and the Centre in the matter..At the outset, the Court points out the call to abstain from work indefinitely by the Jammu & Kashmir High Court Bar has been capitalised by some lawyers to indulge in illegal activities including blocking access to courts..“A perusal of these reports shows that the call for abstention from court has been used by certain unruly elements to not only abstain from work but to indulge in completely illegal activities to the extent of attempting to block the main gate which serves as a main entry for the High Court as well as District Court Complex and also to actually repeatedly physically locking the main gate of the District Court Building Complex. We stand informed that furniture has been moved in an effort to block access to court rooms in the High Court. None of these acts are tolerable.”.The Court observed that these activities are “intolerable” and violative of rights of the prisoners and accused under Article 21 of the Constitution. Further, the Court sadly noted the reluctance and inability on the part of local police to engage with lawyers. As observed in the order the Police were “not able to control the situation” that followed..“… the turn of events in several High Courts and District Courts in the recent past has manifested the inability of the local police to ensure discipline and security which must be maintained in all judicial precincts, its reluctance to engage with lawyers..While, taking serious note of the issue at hand, the Court recalled another incident that took place on September 7, 2019 where “posters threatening suicide attacks (fidayeen attacks) on the judiciary were pasted with impunity in the Srinagar Wing of the High Court.” The matter was intimated to the Chief Justice of India and the security of all courts in the State..The order adds that despite the sensitive case hearings being conducted by the Courts, the security to the High Court as well as the District Courts remains extremely abysmal and below par..In this backdrop, the Court observed that the Ministry of Home Affairs has already issued two guidelinesin 2007 for security of High Courts and District and Subordinate Courts in the country. The guidelines intimated that the High Courts should be declared as High Security Zones. However, this direction of the Ministry was disregarded in Jammu and Kashmir, the High Court noted. Remarking that if the situation was left unattended, it would result in grave danger and would also compromise on the security of judges and other persons inside the court complex, the Bench opined that,.“Urgent steps need to be taken to ensure security of all Courts in the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh. Equally imperative is the assurance of free access to courts of all citizens at all times.”.The Court proceeded to point out that enhanced security is already in place in the Supreme Court as well as the Delhi and Madras High Court. Further, in view of the recent incidents in Jammu and Kashmir, couple with the inability of the local police to provide the “requisite protection”, the Bench has now called for the deployment of the Central Armed Police force in the courts of Jammu and Kashmir as well..“We are, therefore, of the view that similar deployment of central armed police force should be urgently made in respect of the Jammu and Kashmir High Court and all district courts in the union territory of Jammu and Kashmir.”.To this end, the High Court has also directed the production of all relevant circulars and orders to declare the High Court of Jammu and Kashmir and District Courts as High Security Zones..The matter is next listed to be heard on January 29, 2020..[Read HC order here]