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2003 Supreme(SC) 1663
SUPREME COURT OF INDIA
Brijesh Kumar, Arun Kumar, JJ.
State of Gujarat and another - Petitioners
Versus
Pravin Mangabhai and another - Respondents
SLP (Crl.) No. 291 of 2002, From the Judgment and Order dated 12-8-1998 in CRLMA No. 2539 of 1998 of the High Court of Gujarat at Ahmedabad.
Decided On : 7-7-2003
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For the Petitioner:- R.P. Bhatt, Senior Advocate (Ms. Hemantika Wahi, Advocates with him).
For the Respondent:- Vimal Chandra S. Dave, Advocate.
The state is obligated to take concrete, meaningful steps to ensure the security of courts and judicial officers, focusing on implementable solutions rather than outlining the difficulties encountered in doing so.
Headnote:(A) Judicial Administration - Security for Courts and Judicial Officers - State's obligation to provide adequate security for the judiciary - Court noted that minutes of meetings did not indicate serious attention or meaningful action for making proper security arrangements - Progress found to be insufficient over a long period, with emphasis placed on difficulties rather than solutions.
Facts of the case:
A matter concerning the augmentation of security arrangements for courts and judicial officers had been pending since 1998. The state submitted minutes of meetings and an affidavit detailing its efforts, but the court found these lacking in concrete action.
Findings of Court:
No serious attention or appropriate action is being taken meaningfully for making proper security arrangements in the courts and for judicial officers.
Issues: Whether the state had taken sufficient and concrete steps to implement security arrangements for the judiciary as indicated in prior court orders.
Ratio Decidendi: The executive is required to proactively implement security measures for judicial officers, shifting focus from the difficulties encountered to the actual solutions and concrete steps necessary for implementation.
Result: Two months' time granted to report on further progress; matter listed after two months.
Legal Category Hierarchy
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practice and procedure
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court administration
- security arrangements
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court administration
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constitutional law
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judicial independence
- protection of judicial officers
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judicial independence
ORDER :
Brijesh Kumar, J. - We have perused the minutes of the meeting held on 4-6-2003, which has been annexed with the affidavit filed on behalf of the State of Gujarat. A reading of the minutes does not lead to indicate that any serious attention or appropriate action is being taken meaningfully for making proper security arrangements in the courts and for Judicial Officers. The matter is hanging since 1998. If necessary, it be taken up by the higher authorities and we expect that some concrete steps shall be taken to augment the security arrangement as indicated in various orders of the High Court. Learned counsel for the State of Gujarat has also drawn our attention to the affidavit filed by Shri C.B. Trivedi, Under-Secretary to the Government of Gujarat, Home Department on 15-10-2001. We find that perhaps much progress has not been made during this long period of time and stress seems to be more about the difficulties rather than on solutions. Learned counsel for the State of Gujarat prays that two months' time may further be granted to find out the further progress made in the matter. List after two months. We hope and expect that some concrete steps would be taken in the meantime, which this Court may be apprised of on the next date of hearing.
