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| Court directive on security of HC judges | | | Early Times Report
Jammu, Mar 14: A high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today observed that even as a number of opportunities were provided to state, it had failed to show the category in which a sitting HC judge is placed immediately after demitting office.
The bench directed state to provide a minimum of 1-4 security guards round the clock (eight hours duty) at the residence of each former HC chief justice and judge along with a PSO to the retired judge. Enhancement of security cover would be as per the threat perception. So far as security cover to the retired district and sessions judges was concerned, it would be extended to one year on retirement and thereafter as per the report of security review coordination committee (SRCC), the court said.
The bench also directed the respondents to provide 1-3 security guards round the clock at the residence of each former advocate general of the state. However, one PSO would be provided on demand and security could be enhanced as per threat perception as viewed by SRCC. It clarified that this order be implemented within one week from today.
The judges said, "We have gone through the compliance report, wherein it is stated that there is no policy for providing life time security cover to a retired HC judge after he demits office or a minimum prescribed security by virtue of his/her being a retired HC judge in the absence of any specific threat. It is stated that the policy for provision of security cover is in accordance with the guidelines of Union Ministry of Home Affairs. However, it is stated, that security cover to the retired HC judges is on the basis of threat perception. Whereas as per the decision of SRCC, all the sitting HC judges are categorized as "Z" category protectees. The Presiding Officers of TADA/POTA courts have also been categorized as "Z" category protectees by SRCC."
"Unless a category is specified, no question arises for enhancement or reduction of security cover based upon threat perception. Chief Justices and judges of HC, on demitting office, deserve moderately sufficient means to sustain themselves which will certainly help in strengthening judicial ethics and behaviour. Therefore, they should not be placed in a situation where a cynical realisation dawns, at least relating to threat perception. Otherwise too, J&K is facing a great turmoil in view of terror related activities, so there is every apprehension of facing veiled threats to the former Chief Justices and judges of HC also during their service tenure. Judges deal with the cases of terror related activities. So, threat perception always remains there. Therefore, J&K cannot be treated at par with other states so far as dealing with the cases of terror related activities by the judges of this state are concerned," the bench said.
The judges said, "It has been brought to our notice that SRCC has placed retired HC judge G D Sharma in "Y" security category provisionally vide February 29, 2016 order."
When a counsel pointed out that SRCC had yet not implemented its February 29, 2016 order, the bench directed to provide him security forthwith. (JNF) |
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