No diversion of sanctioned Police force to be permitted except with prior permission of Honourable Chief Justice of High Court.

K. CHANDRU, J.

We have heard Mr. Raja Kalifullah, learned Government Pleader, taking notice for the respondents and have perused the records.

2. The circumstances that led this Court to take up the present writ petition may be briefly stated as follows:

The Registrar-General of this Court, by a letter dated 13.8.2006, addressed the second respondent about certain incidents that had taken place inside the Court premises, which had a bearing on the life and liberty of citizens, who are approaching the Court and drew his attention to the need to maintain the level of security which the campus requires, considering the nature of duties discharged by this Court. The second respondent was also impressed with the need to provide not only adequate security but also to maintain the level of security without any dilution, either of its strength or of its responsibilities.

3. Apparently, this letter was forwarded to the fourth respondent to send a reply to this Court and referring to the said letter, the fourth respondent sent a reply dated 17.8.2006 stating that despite the number of vacancies in the constabulary, the actual strength provided to the Court has been maintained by drawing force from outside and necessary instructions have been issued to the subordinates not to disturb the strength of the personnel allotted to the duties in the High Court premises. Not satisfied with this, the Registrar-General sent a reply dated 29.12.2006 stating that the actual strength provided to the High Court duty are not being maintained and on many occasions, they have been sent for outside duties by the Superior Officers and even with the strength allotted, as many as 40 personnel are deputed to the offices of the Advocates-General, Public Prosecutors and Government Pleaders. It was also brought to the notice that the strength provided to the High Court should be restored forthwith and the Police personnel deputed for duty inside the High Court campus should not be diverted by anyone, for which there was no reply from the fourth respondent.

4. In the meanwhile, a Special Committee headed by the Honourable Justice F.M. IBRAHIM KALIFULLA, as its Chairman, constituted for the purpose of proper maintenance of the High Court campus, convened a meeting on 17.12.2006. The Assistant Commissioner of Police in-charge of the High Court campus also attended the said meeting along with another Deputy Commissioner of Police (Traffic - North). These two officers informed the Committee that they will display the entire strength of the Police personnel allotted to the High Court everyday before the Deputy Registrar (Personnel & Administration) and their full attendance will be ensured. It was also informed that surprise checks can be carried out by the Officers of the High Court to ascertain their actual presence in the High Court. The Special Committee, apart from identifying various locations and entrances in which the policemen are to be deployed on a routine roster, informed the High Court that the strength of the Police personnel had to be maintained and that the personnel deputed exclusively for the High Court are not to be deputed to any other duty, except by getting a prior permission from the High Court.

5. The Committee which also met on 20.1.2007 felt that since the prescribed strength of the Police personnel are not being maintained, necessary communication should be addressed to the third respondent-Director General of Police and that the strength of the Police personnel deputed to the duty of the High Court should be maintained at any cost and they should not be deputed to any other outside work without the prior permission of the High Court. It is under these circumstances and since the issue required urgent attention, the matter was taken up as a writ petition for granting appropriate directions to the authorities concerned.

6. Mr. Raja Kalifullah, learned Government Pleader, who took notice for the respondents, filed a counter affida