SC over-rules HC, says High Court judges can’t avoid airport frisking

A bench led by CJI set aside an order passed 11 years ago by the Rajasthan HC, which had directed airport authorities to exempt HC judges from pre-embarkation security checks.

Written by Utkarsh Anand | New Delhi | Published:December 15, 2016 5:22 am
supreme court, high court, security check, judges security check, HC judges, security frisking, t s thakur, airport security, airport checking, indian express news, india news The Rajasthan High Court had said that frisking high court judges indicates that the government has failed to maintain the status of judges, apart from failing to acknowledge their constitutional position.

ASSERTING THAT security checks before boarding flights should not become an “issue of prestige” or “status”, the Supreme Court on Wednesday held that high court judges shall continue to be frisked at airports in accordance with the central government’s procedure.

A bench led by Chief Justice of India T S Thakur set aside an order passed 11 years ago by the Rajasthan High Court, which had directed the central government and airport authorities to exempt high court judges from pre-embarkation security checks. There are 1,000-odd judges in 24 high courts across the country.

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Under a list prepared by the Bureau of Civil Aviation Security, those exempted from frisking at airports include Chief Justice of India and other judges of the Supreme Court, apart from other constitutional functionaries like the President, Vice-President, Prime Minister, Governors, Chief Ministers, Speaker of Lok Sabha, Union Ministers of Cabinet rank, Lieutenant Governors and Cabinet Secretary.

The chief justices of high courts are also exempted from frisking in accordance with a 2005 circular.

The Rajasthan High Court had said that frisking high court judges indicates that the government has failed to maintain the status of judges, apart from failing to acknowledge their constitutional position.

But the Supreme Court noted that the central government was the best judge to examine issues concerning security, and “the judgment of the Rajasthan High Court is an example of a matter where the court should not have entered.”

The bench, also comprising Justices D Y Chandrachud and L Nageswara Rao, said judges are expected to apply standards which are objective and well defined by law, and founded upon constitutional principle.

“Matters of security are not issues of prestige. They are not matters of status,” said the apex court, pointing out that the list of people who should be exempted from frisking does not depend on the warrant of precedence.

The bench said those exempted from security checks must be under “24X7” “government security coverage”, which would preclude the possibility of any prohibited or dangerous items being introduced on board an aircraft through his or her baggage.

“The security perception of the union government is that no exemption can be granted to a dignitary if he/ she is not under effective government security coverage on a 24×7 basis. Heads of foreign missions in India are exempted from pre-embarkation security checks on a reciprocal basis,” said the court, underlining that there was no justification for the high court to interfere with the government’s policy decision.

The apex court noted that the matter before the high court pertained to a report on a security lapse at an airport in the state, but that issue was ignored to focus on the frisking of high court judges. It also found fault with the high court’s suggestions on formulating a National Security Policy.

“The high court has evidently transgressed the ‘wise and self-imposed’ restraints on the power of judicial review by entertaining the writ petition and issuing these directions… Judicial power is respected and adhered to in a system based on the rule of law precisely for its nuanced and restrained exercise. If these restraints are not maintained, the court as an institution would invite justifiable criticism of encroaching upon a terrain on which it singularly lacks expertise and which is entrusted for governance to the legislative and executive arms of government,” said the Supreme Court.

It said the high court’s suggestions on framing a National Security Policy went beyond the legitimate domain of judicial review.

“Formulation of such a policy is based on information and inputs which are not available to the court. The court is not an expert in such matters… gathering of intelligence information, formulation of policies of security, deciding on steps to be taken to meet threats originating both internally and externally are matters on which courts singularly lack expertise,” it said.

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    avd
    Dec 15, 2016 at 3:53 am
    It is high time for our Judiciary to think what it can do for Aam Aadmi who does not want to enter Court for his/her redressal of grievances and there is no role for Money and Muscle power that is being pla by celebrities/Politicians and rich people.Justice to honest and poor people must be main motto of our Judiciary which has been lacked so far.
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      bala Raja
      Dec 15, 2016 at 2:33 am
      This shows the pathetic state of judiciary in India. First, it takes 11 years for the SC to come back with this ruling. A snail would have been faster by 1000 times. Second, the vanity of judges becomes transparent with this ruling. They seem to think of themselves as special, just like the politicians and bureaucrats. Finally, the hypocrisy of SC is apparent in allowing itself special treatment. Why can't the SC say that anyone using regularly scheduled flights, regardless of position, is subject to all normal security checks? Why create these special categories? If you are really special, like the president or the pm, you are anyway not flying a scheduled flight.
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        Binu Mathew Varghese
        Dec 15, 2016 at 1:15 am
        Why preferential treatment? All should be frisked at airports and security venues . Let it matter whom
        Reply
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          birbell
          Dec 15, 2016 at 2:39 am
          they want national anthem pla in movie theaters but they don't wnt it in the court.they are patriots!!!
          Reply
          1. T
            T DUTTA
            Dec 15, 2016 at 3:31 am
            WHY BCCI REQUIRE SUCH A HUGE WORKING COMMITTEE?---PROBABLY THE WORKING COMMIITTEE OF BCCI IS LARGER THAN THE WORKING COMMIITTEE OF CONGRESS PARTY
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              Gopal
              Dec 15, 2016 at 4:11 am
              Not many would know, many years ago the Rajasthan high court ped structures against the Supreme Court. Only in India do these absurdities abound. The courts have prevented all mechanisms for judicial conduct and accountability and so they have no mechanisms to discipline their own ranks either.
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                Gopal
                Dec 15, 2016 at 4:08 am
                This kind of nonsense has been going on for a long time. Judges have dragged officials to court if they don't get train reservations or are stopped for traffic violations. Even the Supreme Court has reserved privileges for themselves through judgments as recently as last year. None of these actions have anything to do with the law. The question is - if SC can violate laws and come up with rules out of thin air why shouldn't the lower courts do the same?
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                1. R
                  rakesh mahato
                  Dec 16, 2016 at 2:14 pm
                  The rot in the judiciary is deep.Judges in india consider themselves to be a different breed of people.There is no independent mechanism to check corruption andnepotism in indian judiciary.They resist any change in the system.It is a matter of shame that the judiciary in the world's largest democracy is totally unaccountable
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                    Niladrinath Mohanty
                    Dec 15, 2016 at 3:13 am
                    A retired district judge joins me in the morning walk. Today he was telling me how a union leader of a police ociation was produced before him. I asked him while addressing the person did he use 'Tum' or 'Aap'. He told me -Why should I use 'Aap' and the court always uses the word 'tum'. I leave it to the readers to judge the arrogance of the judiciary.
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                    1. G
                      Guru
                      Dec 15, 2016 at 3:12 am
                      Why did Rajasthan HC stop at HC judges level?? They should have included district court judges, magistrates, collectors, government clerks and chaprasis also in that list. lt;br/gt;lt;br/gt;But most of people do not agree with this logic and unfortunately for them somehow SC also does not seem to agree with this logic.
                      Reply
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