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Indian Express

Undertrial killed by inmates: What Delhi High Court has said in the past on security in courts

In 2021, when gangster Jitender Gogi was gunned down in the Rohini court complex allegedly by rivals, the Delhi High Court had initiated a public interest litigation (PIL) on suo motu cognisance. While the PIL continues to be pending before the HC, police has given repeated assurances of heightened security measures each time a shooting incident was reported from a court. Two assailants, dressed up as lawyers, had shot at Jitender alias Gogi, who was also a high-risk prisoner, in September 2021. Gogi was being produced in court with the police. Responding to the firing, the police fired back at the assailants. The incident left Gogi and the two assailants dead. Here is an overview of the HC's remarks in recent years on security in courts. September 2021 A division bench of the High Court, on September 30, 2021, took suo motu cognisance of a firing incident at the Rohini court complex on September 24, 2021, with three lives lost, and recorded that 'there is an imminent and urgent need to take effective measures to ensure that such incidents do not recur' and to ensure 'safety and security' of the 'advocates, litigants, court staff, witnesses as well as the judges and judicial officers.' The court had immediately suggested interim measures such as the deployment of sufficient police personnel in all court complexes, installation of CCTVs at all strategic points for round-the-clock vigilance in district court complexes as well as the High Court complex. Among other measures, the court suggested the installation of high-tech metal detectors and baggage scanners, provision of UVSS (Under Vehicle Surveillance System), efficient frisking mechanism, regular meetings with stakeholders concerned about the security arrangements, and specialised training for the police personnel deployed at the HC and district court complexes. It had sought responses from a slew of stakeholders, including the Delhi government, the Ministry of Law and Justice and the Ministry of Home Affairs, Bar Council of India, the Coordination Committees of all district courts, and the Delhi High Court Bar Association, along with the bar associations of all the district courts. Subsequently, in October 2021, the Delhi Police had told the HC that security of all seven district courts in the city was taken over by the Security Unit, a specialised unit, and that necessary security arrangements were being made, and more police personnel were being deployed. It had also told the court that it is conducting 'a detailed joint security review of all seven District Courts by seven Security Unit team headed by an Officer at the level of ACP.' The police had also told the court that it is taking several measures such as deployment of a higher number of security police personnel for access control in all the Courts with extra support by the Central Paramilitary Forces ('CPMF'), apart from measures such as installing different security gadgets such as door frame and hand-held metal detectors, X-ray scanners, CCTVs etc. In November 2021, the HC had issued directions to the Delhi Police Commissioner to constitute a team of experts to undertake a security audit of complexes of the High Court as well as all the district courts, which would factor in the various factors peculiar to each of the complexes. Based on the audit, the Delhi police chief was also directed to undertake a 'periodical review' of the security arrangements. The November 24, 2021, order further records that concerning high-risk Under Trial Prisoners (UTPs), 'as far as possible, their appearance may be secured through virtual mode. Wherever or whenever there is a necessity to produce such UTPs, physically abundant care and precautions shall be taken in terms of providing adequate police escort and checking/frisking etc,' adding that 'the directions shall be scrupulously followed by all concerned'. April 2023 In April 2023, another shooting took place at the Saket District Court complex, where an advocate had shot at a woman and injured her. Taking note of the incident, on April 26, 2023, the HC recorded that 'security personnel deployed in various court premises, including the High Court, are facing some resistance in the matter of frisking and checking of cars.' The court had then suggested that joint meetings be held between bar associations and senior police officers while counsels for the Delhi government and the union government had assured the court that they would ensure 'proper security arrangements are in place to avoid any such incident in the future.' July 2023 On July 5, 2023, another firing incident between two groups of lawyers took place at the Tis Hazari court complex. Taking note of the incident, Delhi Police's Sandeep Byala, DCP, Security Courts, had told HC that frisking of lawyers and litigants and those who are entering the court building is 'being rigorously done in all the court complexes' and at the time, Byala had told HC that the Delhi Police 'is beefing up the security arrangements in all the Court complexes, including the High court of Delhi.'