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 Resp. Nos. 1 and 2. Mr. A.B. Girase, Public Prosecutor for Resp. Nos. 3 and 4. Mr. A.B. Kadethankar Advocate for Resp. No.5. Mr. K.D. Jadhav Advocate h/f. Mr. V.D. Salunke Advocate for Resp. No.6.
...
CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.
DATE : 31st JULY 2025 ORDER [PER SMT. VIBHA KANKANWADI, J.] :
1.
We have heard learned Amicus Curiae Mr. Nimbalkar for Petitioner, learned D.S.G.I. Mr. Talhar for respondent Nos.1 and 2, learned Public Prosecutor Mr. Girase for respondent Nos.3 and 4 and learned Advocate Mr. Jadhav holding for learned Advocate Mr. Salunke for respondent No.6.
2.
In view of our order dated 5th May 2025, learned Public Prosecutor has submitted the affidavit of Mr. Anupkumar Singh,
the Principal Secretary (Special), Home Department, Government of Maharashtra and we have perused the same and the annexures thereto. He submits that in view of our order dated 5th May 2025, a joint survey of security arrangements at all Court premises and at the residences of the Hon'ble Judges across the Maharashtra was conducted. The requirements have been considered. It is stated that there are total 2090 Courts (including High Court and its Benches and Subordinate Courts), in the State where at present 2603 personnel are deployed for security, however, there is additional requirement of 4742 personnel. Further, at the residence of the Hon'ble Judges, 793 police personnel are currently deployed, however, there is additional requirement of 3540 personnel.
A meeting was held on 9th July 2025 between the representatives of the Home Department as well as the Law and Judiciary Department and in the meeting it is resolved to outsource the required additional man-power (8282 personnel in total) through the Maharashtra State Security Corporation (M.S.S.C.)Accordingly, the estimated expenditure for availing the said security personnel has been communicated to the Law and Judiciary Department, which in turn submitted the proposal to Finance Department for requisite financial sanction.
report, recommendations have been made for procurement of security equipment and installations of CCTV in the Court premises as well as the residential premises of the Hon'ble Judges. However, this action would be taken up in the next phase.
3.
We have cursorily gone through the data that has been provided which requires more deliberation also and the other stake holders in the entire process are required to be heard which are on record. However, at this stage when the statement is made that a decision has been taken to employ M.S.S.C. personnel, then the further question that would arise, is regarding the budgetary allocation. In fact in our order dated 5th May, 2025, we had directed that the Principal Secretary, Finance Department may also be involved at a later stage of decision making, if his presence is felt necessary. But it appears that it has not been done. Anyway, as per the minutes of the meeting, the report was to be submitted in respect of MSF within three days. It also appears that the estimate of the expenditure that would be required to be incurred on procuring personnel from M.S.S.C. is more than Rs.3,42,22,45,440/- and therefore, we direct the learned Public Prosecutor to get instructions as to when the Finance Department is going to release the said
amount. Learned Public Prosecutor to get instructions also in respect of as to why the State Reserve Police Force (SRPF) personnel cannot be deployed at the Principal Seat and both the Benches i.e. Nagpur and Aurangabad with immediate effect till the arrangements as is appears to have been principally accepted in respect of employing M.S.S.C. personnel.Such statement to be made on 4th August, 2025.
4.
Learned Amicus Curiae places on record photocopy of news from Kolhapur where it is stated that a person with a revolver could reach till third floor of the District Court premises without intervention or getting detected by the security persons. Learned Public Prosecutor to get information in respect of the same also as to what action has been taken.
5.
It is stated by the learned Public Prosecutor that in respect of some of the directions given in the order dated 5th May, 2025, the compliance has been done i.e. directions in respect of gunman to be provided to Hon'ble Judicial Member, National Green Tribunal, Pune by the Commissioner of Police, Pune. It is taken as compliance. So also, as regards the security persons deployed as stop-gap arrangement with Family Courts, upon the statement to be made on 4th August, 2025, further order would be passed.
6.
Place the matter for further consideration on 4th August, 2025. [SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/JULY25