TMI Blog1996 (10) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... had been several threats to his life. A Bill which led to the passing of the Special Protection Group Act, 1988 (for short the `Act') was introduced in the Parliament by giving out the following: STATEMENT OF OBJECTS AND REASONS During the last few years, terrorism has been steadily assuming menacing proportions in various parts of the country and abroad. In addition to indulging in wanton killings, arson, looting and other heinous crimes with the object to overawing the Government, terrorists aim to destablise the democratically elected Government by resorting to selective killing of prominent members of the public including those who are in the Government. During the last three years, the present Prime Minister has been under several threats to his life. 2. With a view to providing the proximate security to the Prime Minister and the members of his immediate family, both in India as well as abroad, it has been decided to raise a special force. Accordingly, the Special Protection Group was set up in April 1985 under the Cabinet Secretariat. 3. The Special Protection Group is intended to serve as a single specialised agency consisting of highly motivated profes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity for the members of the immediate family of such assassinated Prime Minister and assassinated ex-Prime Minister who continue to be under serious threat, it is considered necessary that such security of the said members of immediate family should be brought within the purview of the Social Protection Group. Since the role of the Special Protection Group as at present provided by law is to provide proximate security only to the Prime Minister and members of his immediate family an amendment of the Special Protection Group Act, 1988 is necessary to enable the Special Protection Group to take up the task of providing proximate security to the said members of the immediate family. The Act was further amended w.e.f. November 16, 1994 to extend the period of security from a period of five years to ten years from the date of the Prime Minister demitting office. The Act is thus very special in nature, in as much as the Prime Minister of India and the members of his immediate family as well as former Prime Ministers of India and the members of their immediate families form a distinct group which are under the protective cover to the Act, the only distinction being that the Prime Mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to hold the office of the Prime Minister. Provided that any former Prime Minister or any member of his immediate family may decline such proximate security. Section 14 ordains that it shall be the duty of every Ministry and Department of the Central Government or the State Government or the Union territory Administration, every Indian Mission, every Local or other authority or every civil or military authority to act in aid of the Director or any member of the Group whenever called upon to do so in furtherance of the duties and responsibilities assigned to such Director or member. These are the only prominent provisions of the Act which get attracted to solve the problem we have in hand, relating to a former Prime Minister. Shri P.V. Narasimha Rao, serialed above at No.4, stood summoned for 30th September, 1996 at 10.00 a.m. as an accused in R.C. 1(5) 88 - State (CBl) vs. Chandraswamy and others, before Shri Ajit Bharihoke, Chief Metropolitan Magistrate/Additional Sessions Judge, Tis Hazari Courts, Delhi, on which date this special leave petition was placed before us at 10.30 a.m. as the first item. The petitioners, namely the Commissioner of Police, Delhi and the Director. Spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Committee of all the three district Bar Associations of District Courts at Delhi, viz. Delhi Bar Association, New Delhi Bar Association and Shahdara Bar Association, and in the alternative for allowing them to join as interveners in the special leave petition. Shri K.N. Bhat, learned Additional Solicitor General, appearing for the petitioners, at the very outset maintained that the present petition of the petitioners is in no way adversarial and that it has been brought forth in the uncommon situation developed and likely to develop due to the repeated appearances of Shri Rao in the trial court in the case afore-mentioned as well as in other cases in other courts, placed within the precincts of Tis Hazari Courts complex. Shri Jaitley, learned counsel appearing for the Registrar, Delhi high Court too has maintained that the counter-affidavit filed by the Registrar is in no way adversarial and has been placed on record to highlight and bare some of the features emerging from the fact situation. The intending intervener i.e. the Coordination Committee through Shri Rajiv Datta, their learned counsel, was also not adversarial in the strict sense but in opposition to the grant of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... media and thousands of supporters/detractors and onlookers are likely to congregate inside the court complex on the day of appearance. All will try to converge towards the court room. Hundreds of cars/scooters will be used by this large crowd as means of conveyance to the court complex. With this large assembly of people, a chocked like situation is anticipated on that day by the security agencies. The Threat Perception to Shri Rao has been summarised by the appellants in this manner: 1. Shri P.V. Narasimha Rao continues to be the Prime target of Sikh and Kashmiri militant groups. 2. Reports continue to be received about the presence of Sikh and Kashmiri militants in Delhi waiting for an opportunity for mounting a sensational attack. 3. In the past enough indications of plans of LTTE and Islamic fundamentalist groups to target Shri P.V. Narasimha Rao have come to light. The possibility of such elements gaining access in the Court premises in the guise of supporters/media persons/litigants cannot be ruled out. 4. The date fixed for the appearance of Shri P.V. Narasimha Rao is publicly known. Hence the possibility of mischievous elements, militant groups taking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cting or hindering the normal course of proceeding in court and the Administration of Justice and that the security arrangement may be made in a manner that no obstruction should be caused to bonafide litigants, witnesses, lawyers etc. coming to any court to attend to their respective cases and the Police should ensure that no obstruction or inconvenience is caused to any Judicial Officer while coming or going from the court and in case a Judicial Officer was, somehow, found held up in the traffic jam caused by police control, he would be taken out of the traffic jam by the police authorities and pvt on free way to reach the court. The police would also make arrangements for parking of the vehicles, other than those which have Bar Association and Judges lebels, at the open triangular plot which is opposite Tis Hazari Complex. The Police Commissioner assured that while making security arrangements all precautions, as may be required, would be taken to protect the Judicial Officers and the Court Complex. However, he contended that extra-ordinary steps of the situation, therefore, some inconvenience is bound to be caused to Judicial Officers, lawyers, and litigant public although h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meaning. The purposive approach should warrant these places to be wide enough to include visits of a protectee to courts, compulsive or voluntary and in no say can the Group be absolved from its statutory responsibility on the specious plea that having brought the protectee to the court precincts, the obligation to protect him would then shift to the court, who may either, under orders, place the protectee back to the Group, or send him into Police or Judicial Custody, shifting the obligation of his protection to others. A contrary view expressed on these lines by Shri Bhat deserves outright rejection. It has to be borne in mind that the protectee is a protectee all the time, as long as he keeps breathing for the period of ten years, from the date he demits office of the Prime Minister. We shall not be taken to have even remotely suggested or tried to impinge on the power or the court to deal with the person summoned in accordance with law but we wish to lay emphasis that even in court custody or other custody as ordered by the court, the SPG protective cover cannot be lifted from the protectee. It goes with the person of the protectee as the shadow would a man. It is for the SPG t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, vitiating the necessary neutrality to hold a detached judicial trial, the situation may be said to have deteriorated to such an extent as to warrant transfer. We repeat that the High Court does not deny the threat perception. At the same time it requires avoidance of dislocation of the ordinary routine of the courts when producing the protectee in the Tis Hazari Court. It is also not disputed that the protectee would have to visit the courts a number of tines not only in this case but in other cases too. We are equally conscious that his appearance time and again, would put a lot many people to inconvenience, if it is insisted upon that like any other criminal, he too should appear in court in such conditions. In these circumstances the assessment of the situation made by the appellants would normally require no contradiction particularly when there is no malafide exercise of power. Should the worst happen, the protectee alone may not depart from the world, as others too might go with him. Instinct of self preservation is the foremost to be favourably responded. The concern of the appellants is therefore justified. It has been urged by the Bar Coordination Committee that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Carbide Corporation vs. Union of India reported in 1991(4) SCC 584 at 625 may be read with advantage in support. Reproduction thereof is avoided to reduce the length of this judgment. In the same strain, we may, to some extent, deal with the scope of Section 14 of the Act, whereunder assistance can be requisitioned by the Group by enjoining, amongst others, every local or other authority or civil or military authority to act in aid of the Director or any member, whenever called upon to do so in furtherance of the duties and responsibilities assigned to such Director or member. The language employed is wide enough to include assistance to the Group from all civil and local authorities when taking a protectee to a court of law. We see no reason why the court Administration is isolated from such requirement as long as the assistance sought does not obstruct or in any other manner hinders court proceedings. We need not stretch this aspect of the matter any further for reasons which are obvious. Change of timings of court as suggested by the Coordination Committee is out of question. We do not expect the Presiding Officer of the Court to start functioning at 7.30 a.m. and then c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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