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| HC directs Govt to provide security to ex-CJs, judges till matter is placed before SRCC | | | JAMMU, May 28: A high court division bench of Justice Ali Mohammad Magrey and Justice B S Walia today directed the government to provide security to former chief justices and judges of high court till the matter is placed before Security Review Coordination committee (SRCC) for their categorisation.
"Respondents are directed to maintain the March 14, 2016 order and provide security to former CJs and judges of this court along with other authorities in the manner directed till matter is placed before SRCC for their categorisation on the basis of threat perception," the bench said. The court directive came in a PIL on security of court complex and retired judges and the advocate general.
After hearing the two sides, the bench disposed of the application filed by state, seeking modification of the March 14, 2016 direction in so far as it pertained to provide security to judges and the protected persons. The respondents have stated in the fresh compliance report that there is no policy for providing life time security to the retired HC judges. However, they have failed to show the category in which a sitting CJ or a HC judge is placed immediately upon demitting the office. Unless such a category is specified, no question arises for enhancement or reduction of security cover based upon the threat perception.
The court directed the state to provide minimum 1-4 security guards round the clock at the residence of each former CJ or a HC judge along with one PSO. Enhancement of security cover shall be as per the threat perception. So far as security cover to the retired district and session judges is concerned, it shall be extended to one year on retirement and thereafter as per the report of SRCC. In addition, the respondents were also directed to provide 1-3 security personnel round the clock at the residence of each former advocate general of the state. However, one PSO shall be provided on demand and security can be enhanced as per threat perception as viewed by SRCC.
The AAG submitted that the state had already submitted relevant record in a sealed cover which amongst other things indicated the names of former CJs and judges who stood categorised under categories such as X, Y, Z and Z+. It was submitted that CJs and judges, after demitting office, were provided security as per the categorization by SRCC. It is also submitted that Judges who have recently demitted the office have been provided security of the same category which they had prior to demitting office till the matter is placed before SRCC for the purpose of decision in light of the threat perception.
It was submitted that the direction to provide minimum 1-4 security personnel round the clock at the residence of each former CJ or a HC judge along with one PSO was beyond the scope of assessment of threat perception by SRCC as they, after demitting office, had to continue with one category down for six months or till SRCC decision on the basis of threat perception. The bench, after hearing the two sides, allowed the application and in modification of the March 14, 2016 direction, directed respondents to follow the April 2, 2002 division bench order while disposing of PIL No 1012/2001 and PIL No 587/2000, relying on the judgment passed in LPA(OW) No 1031/2001 which had been disposed of by the bench of this court on December 11, 2001. The respondents were directed to maintain the March 14, 2016 order and provide security to former CJs and HC judges with other authorities in the manner directed till matter was placed before SRCC for their categorization on the basis of threat perception. (JNF) |
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