New Delhi: While hearing a suo motu case on safety of judges, the Supreme Court (SC) Tuesday warned the state governments that it would impose Rs 1 lakh penalty if the latter fail to file counter affidavits detailing measures taken for the protection of judges.
A three-judge bench of the apex court headed by Chief Justice NV Ramana granted 10 days’ time to the state governments and Bar Council of India to file counter affidavits in the matter. The apex court said that chief secretaries of the states would remain present during the hearing in case affidavits are not submitted.
“Costs of Rs 1 lakh to be imposed on states who fail to file a counter affidavit within 10 days,” the bench said.
During the hearing, Solicitor General Tushar Mehta submitted that the Union Home Ministry issued guidelines for the safety of judges in 2007. According to the guidelines, the state governments have to create special units for safety of judges.
The Solicitor General also argued that a national-level security force for protection of judges is not possible. Instead of creating a specialised police force, there is a need to ensure fuller implementation of guidelines issued by the Ministry of Home Affairs to the states.
The bench also comprising Justices Surya Kant and Aniruddha Bose observed that it is the responsibility of the Union government to ensure the implementation of these guidelines.
“Question is whether these guidelines are followed or not for protection of judges, courts etc. Burden of implementing the guidelines is on the Supreme Court now. You are the Central government. You can call DGPs. You are the best person to get this done. States are now saying they don’t have funds for CCTVs etc. These issues you have to resolve,” the bench observed.
Significantly, the SC July 30 registered a suo motu case on safeguarding courts and ensuring protection and security of judges after the killing of District and Sessions Judge-8 of Dhanbad court in Jharkhand Uttam Anand.
Anand was out on morning walk July 28 when he was mowed down by an auto-rickshaw at Randhir Verma Chowk near the district court in Sadar police station area.
