Bombay High Court directs enhanced security in family court premises

The Bombay High Court at Aurangabad on Friday directed Police Commissioners and District Superintendents of Police throughout Maharashtra to immediately enhance security arrangements in the premises of family courts in the State [Amicus Curiae v UOI].The Court said that wherever a family court is established, a gunman cum bodyguard must be assigned to the principal judge or judge. Additionally, two male constables and three lady constables should be deployed at these family court locations, effective immediately, A bench comprising Justice V V Kankanwadi and Justice Sanjay Deshmukh observed that incidents of violence and assaults have become increasingly common in family court premises due to the high tensions between litigants, often involving weapons or physical altercations. The Court was hearing a public interest litigation (PIL) petition concerning the safety and security of courts in the state..The Court noted that litigants, particularly those in emotionally strained marital relationships, often engage in assaults against the opposing parties, including the legal representatives. These incidents, including attacks on lawyers, raised concerns over the safety of judicial officers and court staff, prompting the court to issue this urgent directive.The Court had taken a suo moto cognisance of the issue last year after repeated instances of assault against judicial officers in the courts of the state. It had then called on the State Government to gather data and create a comprehensive policy addressing security measures at all courts across Maharashtra.The Court had given the principal secretary of the Home Department four weeks to submit an affidavit detailing a security roadmap.Subsequently, affidavits were filed by various government departments which outlined the actions taken thus far. .The Court on Friday reviewed the progress of data collection efforts for the security audit mandated in its earlier orders. The government had initially instructed the Director General of Police (DGP) to complete a security audit across all courts in the State. However, the Court noted that the reports were yet to be submitted, despite the deadline of February 7. "It appears that no such report has been submitted till we heard the matter," the bench observed, adding that the large scale of the task had contributed to the delay. Furthermore, the Court pointed out that although the government had recognized its responsibility of providing security at all court premises, the coordination among various departments had not been optimal, leading to a delay in gathering necessary data..In response to the situation, the Court directed that the principal secretary, Home Department and the Law and Judiciary Department to gather the required data from all courts in Maharashtra, including those from the principal seat in Mumbai and the Aurangabad and Nagpur benches by March 28. These departments were also instructed to conduct meetings and finalize a policy on security measures by April 22. The Court also said that local bar associations and senior officers from the Public Works Department should be involved in the data collection process and their inputs should be considered in assessing security requirements..In the meantime, as a temporary measure, the Court directed immediate deployment of security personnel at family courts. The Court further instructed the Registrar General of the High Court to ensure compliance with these directives and submit a report within 10 days Any instance of non-compliance must be taken up with the concerned police authorities, the Bench directed.The matter will be heard next on April 29..Advocate Aniruddha A Nimbalkar acted as Amicus Curiae.Deputy Solicitor General AG Talhar appeared for Union of India and State of Maharashtra.Public Prosecutor AB Girase appeared for the High Court.Advocate AB Kadethankar represented the Bar Council of Maharashtra and Goa..[Read Order]