Police-lawyers clashes: SC mulls pan-India guidelines to enhance security of courts

New Delhi, Nov 10 (PTI) Taking serious note of violence in court premises, the Supreme Court on Monday said it would formulate pan-India stringent guidelines for enhancing the security of trial courts, which have often seen clashes between lawyers and police.

A bench of Justices Surya Kant and Joymalya Bagchi said "hardened criminals" often come to court wearing lawyers' attire and indulge in violent incidents in court premises.

"We have seen such incidents happening in Punjab, Haryana and even in Delhi where criminals coming in black robes attack the lawyers or other accused. Police are helpless as there is no mechanism to identify whether they are genuine lawyers or criminals. We will be formulating pan-India stringent guidelines for enhancing security of trial courts, which have often seen clashes between lawyers, police and litigants," the bench said.

The remarks were made by the bench while hearing a plea of Kerala Police Officers Association which has challenged the high court's order making it mandatory for the police to seek prior permission of the presiding officer of the court to arrest, detain or apprehend any person in court premises during court hours.

Senior advocate R Basant, appearing for the association, pointed out that it was a blanket order and there can be various situations which warrant police action.

Justice Kant asked the counsel if a person commits murder, will he not be arrested, and questioned the reasoning behind the order of the high court.

The bench said it is widening the scope of the litigation and would formulate pan-India guidelines to enhance the security of the courts.

It asked Basant to collate the details of violent incidents in courts across India and said that stringent guidelines should be in place.

The bench posted the matter for further hearing in January.

The Kerala High Court on August 19 passed directions prohibiting arrest, detention or apprehension without prior permission of the presiding officer or jurisdictional court.

It said that any person who intends to surrender before a court in connection with any crime, either by himself or accompanied by a lawyer or an advocate, shall not be arrested, apprehended or detained in court premises without prior permission of the presiding officer or jurisdictional court.

It said, "Police may arrest or use necessary force to arrest persons in court premises in emergent situations necessitating immediate action in order to prevent the occurrence of a cognizable offence within the court premises. Police can also arrest absconding persons/accused in long-pending warrant matters in the court premises. However, intimation of arrest of persons in both of the aforementioned circumstances must be given to the presiding officer of the court immediately after the arrest." The orders were passed by the high court in a PIL initiated suo motu based on a letter dated September 10, 2024 and received from the Kerala High Court Advocates' Association that brought to the notice of the court an incident involving an altercation between an advocate and police officials within the premises of the magistrate court, Ramankary in Alappuzha district of the state.

The high court, taking judicial notice of the rising number of such instances in the state, felt that some guidelines had to be put in place to deal with such situations in future.

Several directions were issued by the high court in the matter in which a Code of Etiquette and Conduct was prescribed by the state government to guide the conduct of law enforcement agencies in the state.

In October last year, clashes broke out at the Ghaziabad district court of Uttar Pradesh after lawyers and a judge engaged in an argument over a case involving a Bar Association member.

Similarly, on September 24, 2021, jailed gangster Jitendra Gogi and his two assailants posing as lawyers were killed inside a crowded Rohini courtroom in a dramatic shootout that also saw the police fire bullets in retaliation. PTI MNL MNL KSS KSS