Thursday, September 8, 2011

On SC mind: frisking, one car a lawyer


New Delhi, Sept. 7: The Supreme Court, the judicial big brother less than a kilometre away from Delhi High Court, also felt the emotional and psychological tremors of this morning’s blast.
The top court lamented the deaths, considered unfamiliar security measures like frisking lawyers and cast its glare on a tendency to flash cars as a sign of success.


When lawyers mentioned the blasts in the courts, judges mourned the loss of life and retreated to their chambers to gather more information. Work resumed soon after in most sections of the top court.
Senior lawyer Ram Jethmalani, seeking bail for Sanjay Chandra of Unitech in the 2G case, drew the attention of Justices G.S. Singhvi and H.L. Dattu to the blast.
“It is very difficult to be mechanical and say life will go on. Loss of human life is a loss to the nation,” Justice Singhvi said, and adjourned the case for 10 minutes.
Jethmalani claimed that the government had ignored information about the possibility of such attacks. “We do not have that liberty,” Justice Singhvi said. The judge added that he was “disturbed” by the blast before he retreated into his chamber.
Justice Dalveer Bhandari, who was elevated from Delhi High Court, also adjourned his court for a short while.
Chief Justice S.H. Kapadia adjourned hearing in the Vodafone case for some time, bemoaning lawyers’ opposition towards proposals to tighten security.
Senior counsel Harish N. Salve expressed the hope that matters would get moving after the blast. Explaining the pressures, Justice Kapadia said he was threatened six times for closing one particular gate.
Post-lunch, a high-level security panel headed by the Chief Justice reviewed the security system. Kapadia, reconvening after lunch for the Vodafone case, wondered if it was possible to scan cars entering the complex.
Senior counsel Abhishek Manu Singhvi told him that the security system adopted by Parliament could be followed. He said passes containing chips are issued to MPs and their drivers. Once MPs cross the security gate, their photos flash on the computer screen and there’s no need for any frisking, he said.
As the Chief Justice wondered about the costs, solicitor-general Rohinton Nariman gently hinted that it might be a problem with the government picking up the tab.
Kapadia asked Singhvi to give a note on the security system for cars in Parliament and its cost by tomorrow. He also asked Singhvi to help the court in getting extra space from the corporation for parking cars of lawyers and litigants.
The top court draws a huge number of litigants on Mondays and Fridays when urgent matters, including public interest litigation, are taken up. The court is considering a proposal to tighten security measures, including frisking lawyers and their possessions and scanning their cars.
Many lawyers have been resisting tougher measures, saying it makes them less accessible to litigants. They also feel that frisking violates their dignity.
Former Chief Justice K.G. Balakrishnan ran into a storm of protest when access cards were introduced on the court premises. Some lawyers heckled and shouted slogans at him.
These electronic-cards have to be swiped into Metro-style access points to gain entry into the inner periphery which houses the main Supreme Court building. Those who do not have the access cards will have to line up in front of the reception counters to be photographed for temporary passes.
Security elsewhere in the parking and the reception counters is scanty. Cars are checked by a reversible mirror, but the boots and engines are not because it can lead to traffic snarls.
Lawyers under the new security dispensation may lose multiple passes that allow them to bring in different cars into the complex. Some lawyers switch cars daily in a show of success.
But Justice Altamas Kabir today politely hinted that multiple passes may soon become a thing of the past. One lawyer, one car, one pass, he told senior counsel Mukul Rohatgi

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