Through Amicus Curiae v. The Union Of India And Others

THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL SUO-MOTO PUBLIC INTEREST LITIGATION NO. NO.1 OF 2024 Through Amicus Curiae ...PETITIONER

VERSUS

The Union of India and others.

...RESPONDENTS ...

Mr. Aniruddha A. Nimbalkar Advocate, Amicus Curiae for Petitioner.

Mr. A.G. Talhar, D.S.G.I. for Respondent Nos.1 and 2. Mr. S.K. Tambe, Additional Public Prosecutor for Respondent Nos. 3 and 4.

Mr. Devdatt P. Palodkar Advocate for Respondent No.5. ...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE OF RESERVING ORDER : 4th DECEMBER 2025 DATE OF PRONOUNCING ORDER : 19th DECEMBER 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] :

1.

In view or our earlier order, the learned Additional Public Prosecutor is producing the compliance report from District Superintendent of Police, Ahilyanagar in respect of security to be provided to Rahuri Court premises and report from the District Superintendent of Police, Beed in respect of security to be

provided to Majalgaon Court. Those reports are taken on record and marked as Exhibit "A-1" and Exhibit A-2". 2.

We have heard the learned Amicus Curiae, learned D.S.G.I. Mr. Talhar for respondent Nos.1 and 2, learned Additional Public Prosecutor for respondent Nos.3 and 4 and learned Advocate Mr. Palodkar for respondent No.5.

3.

Learned Additional Public Prosecutor placed on record copy of the Government Resolution dated 3rd December 2025, whereby in pursuant to our earlier order, the Government Resolution has been passed. The Government Resolution is taken on record by marking Exhibit "A-3". The Government has accepted to provide additional security personnel of 8282 number and has agreed to make provision for Rs.443,24,84,560/-. It has been stated that the security measures would be given in three stages, which is in respect of the persons who would be additionally deployed, to be taken from the Maharashtra State Security Corporation. The first stage would include the security at the High Court i.e. at the Principal Seat and the Benches at Aurangabad and Nagpur, as well as Circuit Bench at Kolhapur, which is in the Court premises as well as at the residential accommodations. The second stage would

include the security at the Courts at the Headquarters and the Government quarters of the Judges at the Headquarters and the third stage would be at the Taluka Courts and the residential quarters of the Judges at Taluka Courts.

4.

We appreciate the efforts taken and concern shown by the Government in taking the decision.

5.

Learned Additional Public Prosecutor is also producing copy of communication to him by the Desk Officer of Law and Judiciary Department of the same date i.e. 3rd December 2025, which is taken on record and marked Exhibit "A-4", wherein clarification has been given that in the first stage, Government has decided to provide 381 security personnel i.e. 283 for Court premises of the High Court, Benches and Circuit Bench, and 98 for the residential accommodation of the Hon'ble Judges for which amount of Rs.15,00,00,000/- (Rupees Fifteen Crores) has been sanctioned.

6.

Now, taking into consideration the decision taken that it would be implemented in three stages, it has been stated in the Government Resolution that for getting the security personnel available for the High Court i.e. at Principal Seat, Benches and at

Circuit Bench, Registrar General at the Principal Seat and the Registrar (Administration) at the respective places, should contact the police authorities and the Maharashtra State Security Corporation and send the proposal to the Government and after the sanction the contract is to be entered into. In view of this arrangement made in the Government Resolution, we direct the Registrar General to take up the necessary steps for getting the additional security persons available from the Maharashtra State Security Corporation, as early as possible. He may direct the Registrar (Administration) of the Benches i.e. this Bench as well as Nagpur Bench and the Circuit Bench at Kolhapur to place the data accordingly, so that it will be easy for him to get the sanction and then to enter into the contract with the Maharashtra State Security Corporation.

7.

We may also suggest to the Registrar General that there can be now an assessment if additional security personnel are made available, that extra police personnel i.e. who are already deployed in the Court premises or at the residential premises, whether can be returned to their original establishment in the event the Maharashtra State Security Corporation security persons are made available. We may also state that it should not be our endeavour that we should detain or retain unnecessary

police persons when sufficient persons are made available through Maharashtra State Security Corporation. 8.

A statement has been made that for other Courts the budgetary provision would be made in the financial year 2026-2027. But this is not sufficient to clarify exactly when the amount would be sanctioned and when the said second and third stage would start.

9.

Taking into consideration the Government Resolution, we call upon respondent Nos.3 and 4 to make a statement on oath from a responsible higher officer as to when they would implement the second and third stage. Such affidavit to be filed on or before 12th January 2026.

10.

Place the matter for further consideration on 16th January 2026.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/DEC25