New Delhi, September 1
The Supreme Court today agreed to examine a plea of the J&K Government challenging a high court order directing the state to provide life-time security cover to retired judges and advocates general.
The SC sought the assistance of Attorney General KK Venugopal in the matter and posted it for hearing on September 4.
A bench, headed by Chief Justice Dipak Misra, and Justices A M Khanwilkar and DY Chandrachud agreed to examine the plea of the state government which said the J&K High Court had committed a “grave error” in directing that a minimum of one-four security personnel cover should be provided to all former chief justices and former judges of the HC for life.
Senior advocate Rajeev Dhavan along with advocate Shoeb Alam, appearing the for state government, said throughout the country, security cover was provided to VIPs/protected persons on the basis of threat assessment and as per the guidelines laid down by the Home Ministry.
They said the Centre had laid down an elaborate mechanism for providing security cover to protected persons. The bench said it would look into the matter.
The petition filed by the state said, “as such, the field is occupied by a detailed policy which contains the procedure for periodic assessments of threats, providing security on the basis of such assessment. It therefore is not a subject that is unguided by any executive expert policy.”
The plea said the directions amount to “usurption of an expert function” by encroaching upon an area which is exclusive expertise of the state and security agencies.
“It is a settled law that a court of law shall not interfere with the performance of an expert function or the opinion of experts since it is ill-equipped with executing the same. The functions of an expert body are best left to be performed by the expert body which alone is competent to deal with such matters,” the plea said.
The HC, in its March 14 order last year, had directed the state to provide round-the-clock security at the residences of each former chief justice and judge of the HCalong with one personal security officer. The HC had said even retired district and sessions judges be provided extended security cover for one year on their retirement. — PTI
State moved plea
The state government moved the plea, saying that the J&K High Court had committed a “grave error” in directing that a minimum of one to four security personnel cover should be provided to all former chief justices and former HC judges for life
It said throughout the country, security cover was provided to VIPs/protected persons on the basis of threat assessment and as per the guidelines laid down by the Home Ministry
