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suresh menchirel (Lawyer)     31 May 2016

Security of courts and judges should not be by police

That as on today the State Police is responsible for the security of all Courts and Judges in India.

Because of this Police is having an upper hand in all most all Courts and especially in Lower Courts? Hence natural justice is violated at least in a few cases. That many Senior Police Inspectors or the local Police Stations incharges always have 'better relations with J M F C as the security charge is vested with local police? Hence a separate cadere of security group from the State or Central may be arranged for the security of the Courts and Judges so that the upper hand status of the Police in Courts can be minimised?     



 3 Replies

SHIVEK J.   07 January 2021

Greetings,

Actually, there is no scheme to provide security for the judges, but some judges write to the State and seek security for them based upon the representation it is provided by the State, but when you study the working pattern of this security it would require great consideration.

Normally a gunman would accompany the Principal District Judge and the security had never been given to any Additional District Judge, because the Principal District Judge alone is empowered to write to the State. Now let us see the work style. If the Judge would goes by train for duty to Head Quarters the Judge would go by First class compartment while the security man is not entitled to avail first class and hence travels in sleeper coach. Hence this security is only name sake and so far there has been no instance of any attack over the judge and there is also no instance of security man opening fire over anyone in the past.

Moreover, we need to realise that post giving their judgements, judges are in a delicate position, wherein their safety is a matter of concern. For example, in cases like The Ayodhya Verdict, highest level of security was given to the judges. Apart from this, to answer your implication that the relations of police officials having better relations with judicial officials should not be a bothering matter, as the social relations of judicial officials hold no merit in their judgements.

 

Hope this helps you.

 

Regards  

Nirali Nayak   17 June 2021

Hello sir, greetings of the day.
As per your query, the Senior Police Inspectors or the local Police Stations incharges may have better relations with the judges if they are vested for their protection. But as far as law goes, there is no statute stating that judges must be provided with security personnel. According to Indian Justice Reports, there’s 1 judge for every 50,000 citizens, 1 cop for 858 people. Thus making it practically impossible to give one on one police protection to judges. Judges do not usually get police protection. Only in special cases, where the reasons are reasonable and there is a threat to the safety of the judge or his or her family, only then they are allowed to have special police protection, after giving their reasons in writing. Maybe in future, the judiciary or legislator make it a rule to have a separate cadre of police force only for the protection og the judicial officers, but till then there’s no other way out. 
Hope this solves your query.
Regards    
Nirali Nayak
Law Student

suresh menchirel (Lawyer)     17 June 2021

Police is organized for maintaining of law and order and for investigation, not to act as security to anyone. 

If the V I P's or Judges to be protected, the Government should arrange separate security wing like N S G or S S G without any other power or authority.  Police and J M F C Judges have "very good relations" and this may make some sort leniency while passing orders especially in criminal matters, bail, detention etc. Hence my opinion is Police should be given the job or duty of investigation and law and order issues only. Police should not be posted as security men.


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