on the following aspects after hearing the views of diverse stakeholders in
the justice delivery system:
(i)
In order to prevent the entry of unauthorized
persons to court premises in the garb of advocates, a roll
of advocates in the District Courts should immediately
be prepared. Advocates must be given Biometric cards;
(ii)
A similar roll of Clerks of Advocates should be
also prepared and they should also be given Biometric
cards. Advocate Clerks shall wear a black coat in the
court campus without which they shall not be allowed to
enter the premises;
(iii)
For the purpose of entry of litigants, on the
letters/identification of Advocates on Roll, appearing in
concerned case, entry passes may be issued;
(iv)
With regard to Government Officials, entry
passes should be issued on similar letters/identification
by Government Counsel practicing in the District
Courts;
(v)
For
Government
Officials/employees
who
regularly come to the Court, monthly passes may be
issued, on the recommendation of the District
Magistrate/Senior Superintendent of Police or the
District Government Counsel, Civil or Criminal, as the
case may be;
(vi)
The employees of Courts should also be issued
Biometric cards;
(vii)
The entry in Court campuses should be regulated
for the litigants, Advocates and others from one or two
gates, under close scrutiny by security officials posted
there, who shall be responsible for checking of
identification cards or entry passes and frisking of
suspicious persons;
(viii) The District Judge should be empowered to take
appropriate
action
against
any
person
who
unauthorizedly enters the premises. He should also be
authorized specifically to check and prevent entry of any
person causing nuisance or disturbance in the courts or
campus;
(ix)
In some district Judgeships, for facilitating
regular functioning of Advocates, canteens/cafeterias,
photostat machine shops etc. have been allowed to
operate. Their employees should also be issued similar
entry passes by District Judges;
(x)
No person, except security personnel deputed for
safety of Court premises/Judicial Officers, should be
allowed to carry any weapon or other dangerous
instrument, which may cause serious harm to anyone
present in the Court campus. This should strictly be
prohibited;
(xi)
Provisions of imposing fine, if anyone violates
regulatory measures, are also required to be made.
District Judges should be authorized to control entry of
anyone in the court campus and to check and restrict
entry of any unwarranted persons or antisocial elements
who are likely to create nuisance in the Court campus,
for such period with certain other conditions as he may
deem fit and proper;
(xii)
In many of the District Courts, boundary walls
are broken or are of inadequate height. Barbed wire
fencing is not installed and in many places boundary
walls are damaged, permitting unauthorized entry. These
boundary walls should immediately be directed to be
repaired/ constructed and barbed wire should also be
placed wherever it is absent;
(xiii) In the campus as also in the corridors of District
Courts, appropriate numbers of CCTV cameras be
installed, under close monitoring by expert police
officials; and
(xiv) Scanners and metal detectors should also be
installed.
ALLAHABAD HIGH COURT
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 15895 of 2015
Petitioner :- In Re :
Respondent :- Zila Adhivakta Sangh Allahabad
Counsel for Petitioner :- *
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud, Chief Justice
Hon'ble Rakesh Tiwari, J.
Hon'ble Rajes Kumar, J.
Hon'ble V.K. Shukla, J.
Hon'ble Arun Tandon, J.
Hon'ble Tarun Agarwala, J.
Hon'ble Dilip Gupta, J.
Dated;24.3.2015
Control, administration and separation of the district judiciary is a
constitutional obligation of the High Courts.
In the recent past, there has been spurt of incidents resulting in the
obstruction and derailment of work both in the High Court of Judicature at
Allahabad and in the District Courts across the State. These incidents have a
direct impact on the functioning of the judiciary and the ability of the
institution to efficiently discharge its constitutional obligation of rendering
justice to litigants. Apart from the dislocation of work in the District Courts
and in the High Court, a series of incidents has come to light where the
security of the District Courts has been seriously compromised. Courts
across the State are visited each day by thousands of lawyers, litigants and
by the members of the public. Officials of the State come to Court in the
discharge of their official duties. The safety of all these stakeholders and of
the staff and judges of the Court are of paramount concern. In view of the
supervening circumstances and having due regard to the gravity of the
situation in the state in the past several months, we have considered it
2
appropriate to take recourse to the suo motu jurisdiction of this Court in the
public interest so that the entire matter can be considered in a holistic
perspective and appropriate directions can be issued.
At the outset, it would be necessary to advert to the decision of the
Supreme Court in Ex-Capt. Harish Uppal vs Union of India and
another1, decided on 17 December 2002. The law which has been laid
down by the Supreme Court is summarized in the following extract from the
decision:
“In conclusion it is held that lawyers have no
right to go on strike or give a call for boycott, not even
on a token strike. The protest, if any is required, can
only be by giving press statements, TV interviews,
carrying out of Court premises banners and/or placards,
wearing black or white or any colour arm bands,
peaceful protest marches outside and away from Court
premises, going on dharnas or relay fasts etc. It is held
that lawyers holding Vakalats on behalf of their clients
cannot attend Courts in pursuance to a call for strike or
boycott. All lawyers must bodily refuse to abide by any
call for strike or boycott. No lawyer can be visited with
any adverse consequences by the Association or the
Council and no threat or coercion of any nature
including that of expulsion can be held out. It is held
that no Bar Council or Bar Association can permit
calling of a meeting for purposes of considering a call
for strike or boycott and requisition, if any, for such
meeting must be ignored. It is held that only in the rarest
of rare cases where the dignity, integrity and
independence of the Bar and/or the Bench are at stake,
Courts may ignore (turn a blind eye) to a protest
1 AIR 2003 SC 739
3
abstention from work for not more than one day. It is
being clarified that it will be for the Court to decide
whether or not the issue involves dignity or integrity or
independence of the Bar and/or the Bench. Therefore in
such cases the President of the Bar must first consult the
Chief Justice or the District Judge before Advocate
decide to absent themselves from Court. The decision of
the Chief Justice or the District Judge would be final
and have to be abided by the Bar. It is held that Courts
are under no obligation to adjourn matters because
lawyers are on strike. On the contrary, it is the duty of
all Courts to go on with matters on their boards even in
the absence of lawyers. In other words, Courts must not
be privy to strikes or calls for boycotts. It is held that if a
lawyer, holding a Vakalat of a client, abstains from
attending Court due to a strike call, he shall be
personally liable to pay costs which shall be in addition
to damages which he might have to pay his client for
loss suffered by him.”
The judgment of the Supreme Court has been flouted by the
associations representing the lawyers. Even the restriction that strikes should
not be resorted to, even in an exceptional matter, for a period in excess of
one day, is observed in the breach. One day strikes are extended from day to
day, almost indefinitely.
In view of the clear statement of the law which has been laid down
by the Supreme Court, there can be no doubt about the principle that a strike
by the members of the Bar on the call of the office bearers of the Bar
Associations is without the authority of law and is illegal. An officer
convening a meeting for the purpose would be liable to be held personally
4
responsible along with others who interfere in the functioning of the Court.
There are several other issues apart from the matter pertaining to
strikes by members of the Bar, which are equally a matter of concern. The
first issue which needs to be highlighted is the need to provide adequate
security within the precincts of the District Courts across the State of Uttar
Pradesh. Adequate security requires the installation of CCTV cameras
Scanners, and the presence of an adequate security force in the District
Courts. The District judiciary functions with little or no security cover and is
at the mercy of disruptive elements. In view of the advancement of modern
technology, biometric cards should be utilised to protect the security of the
members of the Bar, judges, court staff, litigants and all other stakeholders.
Biometric cards must be provided in a time bound schedule to court staff,
advocates whose names are enlisted on the roll of the Court for the district
court concerned, and to advocates' clerks.
Secondly, firearms of every nature whatsoever must be prohibited
from the precincts of the Courts save and except for members of the security
establishment who are deputed for official duty to the Court. As a matter of
fact, this is an issue which need not await the responses of any authority or
person since there can be no dispute about the basic principle that
introduction of firearms within the premises of the Court would be unlawful
and should be prohibited.
The third important issue which would require attention is whether a
person who has been convicted of an offence punishable with imprisonment
of a certain term, say in excess of seven years has a right to practise. The
issue is as to whether such persons should be recognised as having a right to
5
practice before a court of law. This is an aspect on which we consider that
further deliberation would be warranted.
We have, at this stage, only outlined some of the issues which arise
for consideration in these proceedings. Before the Court can issue
appropriate directions, it would be necessary to hear all the stakeholders
involved in the process of dispensing justice.
In the circumstance, notices shall issue to the Secretaries of the
recognised Bar Associations in all the 75 districts of the State of Uttar
Pradesh. The Registrar General shall duly ensure that these notices are
served upon the Secretaries of the District Bar Associations, as noted above,
through the District Judges concerned. Notices shall also issue to the Bar
Council of India and the Bar Council of Uttar Pradesh, to the Secretaries of
the High Court Bar Association, Allahabad and Oudh Bar Association,
Lucknow, and to the State Government through the Principal Secretary
(Home) and the Chief Secretary and the Director General of Police.
During the pendency of these proceedings, all the District Judges
shall submit weekly reports to the Registrar General of this Court about any
attempt on the part of a member of the Bar or from any other quarter to
interfere in the proceedings of the Court along with the name of the person
or persons involved.
This Bench shall assemble once every fortnight or at such earlier
intervals as the exigencies of the situation may warrant, to take stock of the
situation.
We express serious concern over the disruption which took place
yesterday within the premises of this Court. The Court on its administrative
6
side was informed on 18 March 2015 by the President and Secretary of the
High Court Bar Association that the strike which has been called by the
members of the Bar over the incident which took place in the District Court
at Allahabad was suspended and the lawyers were resuming judicial work.
Despite this, a group of lawyers resorted to wanton sloganeering in the
corridors of the Court yesterday and disrupted the functioning of the Courts.
In certain cases, the doors of the Court were locked from outside to prevent
entry into the Court. This, in our view is a flagrant obstruction in the
functioning of the court of justice which would warrant suitable action.
We direct the office bearers of the Allahabad High Court Bar
Association and of the Advocates' Association to inform the Court, on the
next date of listing, of the identity of those who were involved in the
incident which took place yesterday ie 23 March 2015. Information may be
collected by the Registry from other sources together with the orders passed
by the Hon'ble Judges in the Court about the Advocates involved. Even
during the course of the morning today, reports have come from several
courts about an attempt made by a certain segment of the Bar to disrupt the
functioning of the Court and to prevent Judges taking up the criminal
jurisdiction from discharging duties. We are inclined to take a serious view
of such attempts to obstruct the course of justice since any attempt to do so
which causes serious prejudice to the rights of the ordinary litigants must be
dealt with firmly.
In addition to the issues raised above, we propose to issue directions
on the following aspects after hearing the views of diverse stakeholders in
the justice delivery system:
7
(i)
In order to prevent the entry of unauthorized
persons to court premises in the garb of advocates, a roll
of advocates in the District Courts should immediately
be prepared. Advocates must be given Biometric cards;
(ii)
A similar roll of Clerks of Advocates should be
also prepared and they should also be given Biometric
cards. Advocate Clerks shall wear a black coat in the
court campus without which they shall not be allowed to
enter the premises;
(iii)
For the purpose of entry of litigants, on the
letters/identification of Advocates on Roll, appearing in
concerned case, entry passes may be issued;
(iv)
With regard to Government Officials, entry
passes should be issued on similar letters/identification
by Government Counsel practicing in the District
Courts;
(v)
For
Government
Officials/employees
who
regularly come to the Court, monthly passes may be
issued, on the recommendation of the District
Magistrate/Senior Superintendent of Police or the
District Government Counsel, Civil or Criminal, as the
case may be;
(vi)
The employees of Courts should also be issued
Biometric cards;
(vii)
The entry in Court campuses should be regulated
for the litigants, Advocates and others from one or two
gates, under close scrutiny by security officials posted
there, who shall be responsible for checking of
identification cards or entry passes and frisking of
suspicious persons;
(viii) The District Judge should be empowered to take
8
appropriate
action
against
any
person
who
unauthorizedly enters the premises. He should also be
authorized specifically to check and prevent entry of any
person causing nuisance or disturbance in the courts or
campus;
(ix)
In some district Judgeships, for facilitating
regular functioning of Advocates, canteens/cafeterias,
photostat machine shops etc. have been allowed to
operate. Their employees should also be issued similar
entry passes by District Judges;
(x)
No person, except security personnel deputed for
safety of Court premises/Judicial Officers, should be
allowed to carry any weapon or other dangerous
instrument, which may cause serious harm to anyone
present in the Court campus. This should strictly be
prohibited;
(xi)
Provisions of imposing fine, if anyone violates
regulatory measures, are also required to be made.
District Judges should be authorized to control entry of
anyone in the court campus and to check and restrict
entry of any unwarranted persons or antisocial elements
who are likely to create nuisance in the Court campus,
for such period with certain other conditions as he may
deem fit and proper;
(xii)
In many of the District Courts, boundary walls
are broken or are of inadequate height. Barbed wire
fencing is not installed and in many places boundary
walls are damaged, permitting unauthorized entry. These
boundary walls should immediately be directed to be
repaired/ constructed and barbed wire should also be
placed wherever it is absent;
(xiii) In the campus as also in the corridors of District
9
Courts, appropriate numbers of CCTV cameras be
installed, under close monitoring by expert police
officials; and
(xiv) Scanners and metal detectors should also be
installed.
Similar security arrangements would also have to be envisaged for
the High Court.
List these proceedings before the Court for further consideration on 7
April 2015 at 2.00 PM.
Order Date :- 24.3.2015
RK
(Dr D Y Chandrachud,CJ)
(Rakesh Tiwari, J)
(Rajes Kumar, J)
(V K Shukla, J)
(Arun Tandon, J)
(Tarun Agarwala, J)
(Dilip Gupta, J)
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