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Transcript of Copy of Writ Petition
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CIVIL WRIT JURISDICTION UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA
WRIT PETITION (CIVIL) No. OF 2011
IN THE MATTER OF :
A PUBLIC INTEREST LITIGATION
AND
IN THE MATTER OF :
Article 226 of the Constitution
of India;
Article 21 of the Constitution
of India;
Article 355 of the Constitution
of India; and
The Terror Attacks at High
Court of Delhi at New Delhi on
September 07, 2011, May 25,
2011 and other terror attacks
and security threats to the
City of Delhi;
The Society of Indian Law Firms, a society registered under the Societies Registration Act, 1860 and having its registered office at S-454, Greater Kailash II, New Delhi 110 048, on behalf of its individual members and the general public at large through its President Mr. Lalit Bhasin.
…Petitioner
Versus
1. Union of India through the Chief Secretary, Ministry of Home Affairs and Ministry of Defence
2. The Government of NCT of Delhi, through the Chief Secretary, Home Secretary and Commissioner of Police
...Respondent No. 1
…Respondent No.2
2
THE HON’BLE THE CHIEF JUSTICE OF DELHI HIGH
COURT AND HIS COMPANION JUSTICES OF THE
HON’BLE DELHI HIGH COURT;
THE HUMBLE PETITION OF THE PETITIONER
ABOVENAMED.
MOST RESPECTFULLY SHOWETH:
1) That the Writ Petitioner has no personal interest in the litigation and
that the petition is not guided by self-gain of any other
person/institution/body and that there is no motive other than of
public interest in filing the present Writ Petition.
2) That the facts stated in the Petition are based on information which
is extensively available in public domain and the veracity of the
same is not in dispute.
3) That by the act and deeds of the Respondent nos. 1 and 2 each and
every citizen of India including of the state of Delhi is affected
directly or indirectly and therefore; it is very difficult to ascertain the
specific class of persons affected.
4) That it is submitted that by the orders/reliefs sought in the present
Writ Petition the Respondents mentioned hereinabove are affected
and as per the knowledge of the Petitioner apart from them, no
other person, bodies, institutions are likely to be affected by the
orders sought in the petition.
5) That the Petitioner (SILF) is the apex body of law firms in India,
established as a society under the Societies Registration Act, 1860 in
the year 1999. It has over 100 members which include the topmost
law firms in India. SILF strives to create an atmosphere that will
enable Indian law firms to excel and also serves as a forum for
exchange of ideas and information and a medium for interaction
with the government, judiciary and bureaucracy. The Petitioner has
the means to pay the costs, if any, imposed by the Hon’ble Court
and the Petitioner undertakes before this Hon’ble Court in this
regard.
5A) The 1st Respondent, the Union of India through the ministries of
Ministry of Home Affairs and Ministry of Defence is responsible for
protecting every State of India against external aggression and
internal disturbance under Article 355 of the Constitution of India.
The 2nd Respondent is the State of NCT of Delhi, through its Home
Department and is responsible for maintenance of the law and order
situation in the State of NCT of Delhi through Commissioner of
Police, and the constitution and functioning of the State Police Force,
the Headquarter of which is in Delhi.
6) The present petition raises far reaching questions about the role of
the Respondents in providing security to its citizens in the matter of
their life and liberty guaranteed by Article 21 of the Constitution
without which the other fundamental rights are incapable of being
exercised. Right to life includes right to live with human dignity and
the said right will be nugatory if the citizens of Delhi live under the
constant fear of violence and terrorism. The Petitioner is seriously
concerned about the lack of security and safety of the citizens of the
State and city of Delhi and the law and order situation, in the wake
of various terrorist attacks in the Country and the recent audacious
terrorist attack in the heart of the City of Delhi on September 07,
2011 at the gates of the Delhi High Court. The immediate causes for
filing the present petition are the said recent horrific and brazen
terrorist attacks on institution imparting justice which have disclosed
several deficiencies and lapses in the existing systems and counter-
terrorism measures and also in the manner in which they were
employed. The recent events have also exposed basic intelligence
failures, the lack of coordination amongst different governmental
2
and beauracratic functionaries as well as inadequate legal and
regulatory mechanism and intent to cope with terrorist
activities. The Petitioner
3
wishes to clarify at the outset that the purpose of the present
petition is not to blame or censure any person, party or
organisation or the government but to compel the
Respondents to adopt and undertake measures which may
prevent recurrence of such terrorist incidents or in any event
enable the state machinery to equip police and security
forces to effectuate better counter and combat terrorist
activities and thereby save loss of, or injury to, precious
human lives and destruction of properties. It is reiterated that
the intention of the Petitioner is not to enter into decision
making process of the Respondents being Union or the State
as regard to the security and safety of its people, the same
being the prerogative of the Respondents. Basic purpose of
this petition is to provide a better and secure future to the
citizens of Delhi and it would be necessary to that limited
purpose to venture into issuance of certain directions as well
as certain measures which the Respondents must take
without any further delay.
7) This Petition has assumed even greater importance since the
nature, sophistication and seriousness of the threat posed by
terrorist organizations has increased manifold and continues
to increase after each incident. Citizens have a fundamental
right to enjoy terror-free life, however, there is a sense of
great insecurity in the capital city. It is impossible for trade,
business or the arts to thrive in such an atmosphere, where
even a basis sense of safety and security is weak. More such
terror attacks on the Supreme Court and High Courts have
been threatened.
8) Delhi is the largest metropolis by area and the second-largest
city by population in India. It is the eighth largest metropolis
in the world by population with 16,753,265 inhabitants in the
Territory as per 2011 Census. Delhi is the seat of both the
Government of India and the State Government of Delhi. The
Parliament of India, the Rashtrapati Bhavan (Presidential
Palace), the Supreme Court of India, Delhi High Court, Delhi
Stock Exchange and offices of almost all central
governmental functionaries are located in Delhi. Being one of
the fastest growing cities in the world, by 2015, Delhi is
expected to be the third-largest agglomeration in the world
after Tokyo and Mumbai. Besides these, with an estimated
net State Domestic Product (FY 2007) of 118,200 crore
(US$26.36 billion) in nominal terms and 336,400 crore
(US$75.02 billion) in PPP terms, Delhi is the largest
commercial center in northern India. In 2007, Delhi had a per
capita income of 66,728 (US$1,488.03) at current prices, the
third highest in India after Chandigarh and Goa as of 2006–
07. Being the corporate headquarters of many Indian
companies and numerous multinational corporations, it is the
top centre of commerce by global financial flow and it has
regular flow of foreign visitors and dignitaries. For all these
reasons, Delhi is one of the most important cities in India, a
focus point for India in countries and media around the world
and consequently a prime target for terrorist activity,
especially since it is seen as highly vulnerable and an ‘easy
and soft target’. It would be fair to state that from amongst
many of the global political and financial centres Delhi’s
2
security and protective system in handling attacks by
terrorists and other organizations is one of the weakest.
9) The events over the last 15 years affecting the security and
safety of Delhi and its Citizens are matters of public record
and consciousness and have been extensively documented in
diverse reports, media coverages and otherwise. The
Petitioner in this behalf crave leave to refer to and rely upon
a compilation of media reports and other materials to broadly
chronicle the history over the last 15 years during which
Delhi has been repeatedly targeted with impugnity. The
strength and the audacity of the attacks have increased in
intensity and frequency over the years, the terrorist and
elements aligned with them becoming more sophisticated,
brazen and aggressive. It is unclear whether the state’s
machinery is adequate to address this new and heightened
challenge. A new approach has become imperative.
10) The recent Delhi High Court bomb explosion incident is not
an isolated incident of terror. It is part of a series of terrorist
acts which amounts virtually to waging a war on the
sovereignty and integrity of the country. This problem is
getting increasingly exacerbated as is evident from the
instances of terrorism given below.
September 7, 2011: At least 13 people were killed and over
80 were injured in a bomb explosion outside one of the entry
gates to the Delhi High Court complex crowded with visitors
seeking entry into the premises.
3
May 25, 2011: A bomb exploded at the gate of Delhi High
Court.
September 13, 2008: A series of five synchronised bomb
blasts took place within a span of few minutes at various
locations in Delhi, India. The blasts left at least 30 people
killed and over 100 injured.
April 14, 2006: At least 14 people were injured after two
explosions at the courtyard of Jama Masjid in the Walled City
of Old Delhi.
October 29, 2005: Three powerful serial blasts in New Delhi
just two days before Diwali. About 70 people died and at least
210 were injured.
December 13, 2001: Terrorists attacked Parliament complex
in New Delhi killing seven security personnel.
December 30, 1997: 4 commuters killed and about 30 injured
in a bomb explosion in a bus near Punjabi Bagh, Delhi.
November 30, 1997: Twin blasts in Red Fort area, Delhi left 3
Killed and 70 injured.
October 26, 1997: Twin bomb blasts in Karol Bagh market,
Delhi left 1 dead and 34 injured.
October 18, 1997: 1 person was killed and 23 others were
hurt in twin bomb blasts In Rani Bagh market, Delhi.
October 10, 1997: 1 killed, 16 injured in three bomb blasts at
Shantivan, Kauria Pul and Kingsway Camp areas.
4
October 1, 1997: Thirty people were injured in two bomb
explosions near a procession in the Sadar Bazar area, Delhi.
January 9, 1997: 50 injured in bomb blast opposite the Delhi
Police Headquarters at ITO.
11) It is therefore clear that in the last 15 years, Delhi has seen
an increase in terrorist attacks and other threats affecting the
security of the Country. Over the past few years a series of
attacks by terrorists, have caused grievous loss of lives,
property as also the morale and perceived safety of the State
and its people. The global image of the Country and of this city
has been severely damaged. That terrorist attacks in the city of
Delhi have increased in intensity and frequency can be seen
increased. The Petitioner craves leave to refer to and rely upon
media reports in this regard, when produced.
12) It is clear that security and terrorist threats and aggression
of this nature requires to be addressed in a special fashion. A
security capability based on policing for ordinary law and order
situations in a metropolis are woefully inadequate to combat the
same, when compared with sophistication of the equipment
motivation and rigor of training received from and by terrorist
organizations. It is clear that these threats require a completely
different level of responsiveness, infrastructure and organization
so as to effectively be able to provide safety to the citizens as
well as tourists, businessmen and other visitors to the City of
Delhi.
5
13) Police forces and other agencies do have brave officers who
do the best they can. But in the absence of modern equipment
and the support of technological backup and adequate training,
the gaps in the ability to deal with such situations are significant
and do, as has been seen, result in loss of life not only of
civilians but also of members of the police force and other
agencies. It is apparent that the current levels of training as well
as the weaponry possessed by the police is antiquated and
unable to cope with the arms and technology employed by
terrorists and other anti-national elements. Besides the impunity
and frequency of these attacks has now created a sense of
frustration, dependency and deep insecurity. The Petition seeks
to seek a way to address this situation in the hope that the
Respondents do put in place mechanisms to help the Country,
its citizens, the City of Delhi and its security in this regard. The
Petitioner does this in all humility and in a spirit of
constructiveness.
14) The subject and manner dealing with these terrorist threats
has been reviewed from time to time but neither any coherent
reform has emerged nor required investments in equipment,
training and infrastructure have been made. From media reports
it appears that even measures with respect to the police force
previously contemplated have been inadequate and have either
not been implemented, delayed or have been implemented in a
sporadic and watered-down fashion. It is not the purpose of this
petition to go into the subject matter of police reforms in
general or other administrative matters except to state that the
delay in implementation of such measures has over a period of
6
time had an impact on the effectiveness of our security agencies
including the police, not only in relation to enforcement of
security and safeguarding its citizens, but also in relation to
intelligence and information gathering and dissemination that
could assist in prevention or minimisation of threats and attacks.
15) The consistent experience in the past has been that the
Respondents have purported to examine implementation of
various measures, possible changes and reforms but nothing
adequate or meaningful has come out of it despite
proclamations. Some of the reports commissioned by one or
both of the Respondents are only partially implemented. It
appears from media reports that funds earmarked for
modernization and upgradation of the police force and their
equipment may have been diverted to other objectives.
Financial resources, manpower and equipment are diverted for
non core police functions. In the process, the security of the
State, the City of Delhi and its people has been severely
compromised, thereby effectively denying them their
fundamental right to live in terms of Article 21 of the
Constitution of India. No amount of private security would be
adequate for this purpose and it is only the Central and State
machinery that can ensure the safety and security of its people.
Moreover, even conventional police methods suitable for
ordinary law and order situations are obviously not adequate.
The subject matter of dealing with the new international threat
of global terrorism requires an urgent fresh and substantially
more sophisticated approach. Not to do so would be a failure of
the Central and State’s core obligation to defend the lives of
7
their citizens and their property and a denial of the same to the
citizen.
16) This Petition has been brought in a constructive sprit and not
to get into finger pointing. It is not the purpose of this petition to
go into any post-mortem or enquiry into the details of the recent
events since it is neither possible to do so based on media
reports nor would it be appropriate to do so. The Petitioner does
however believe that judicial intervention now seems to be the
only reliable course since the events of the last 15 years have
demonstrated that merely relying upon promises of future
action is insufficient and in fact is quickly forgotten. The
Petitioner has however approached this Hon'ble Court to help
the city and its agencies ensure that appropriate and urgent
steps are taken to minimise if not eliminate the possibility of
such events recurring in future. The manner in which New York
City dealt with the events after the attacks of September 11 is
instructive. A significant tightening of the laws, administrative
reform and upgradation of the City’s security and infrastructure
was responsible for preventing recurrence of such attacks over
the last ten years. By contrast, Delhi City seems to suffer such
events, with increasing intensity and frequency. It is noteworthy
that United States of America has created a separate
department called “The Department of Home Land Security”,
which is entrusted with the work of taking care of security in
USA. It is submitted that a separate department of such a nature
may be created in India also to avoid terrorist attacks/incidents
in Delhi and other places. The Petitioners is a non-political
reputed body and its sole interest in approaching this Hon'ble
8
Court is to seek assistance of the Court to require the
Respondents to do and discharge their sovereign and
fundamental duties. There has been a general lack of public
confidence that needs to be restored. The Petitioner craves
leave to refer to and rely upon various reports and committees
(including but not limited to eight Reports of the National Police
Commission from the years 1977 till 1981) for emphasizing
some of the needs for better surveillance, upgradation, training,
etc. The Petitioner will also crave leave to refer to and rely upon
the report of the committee of the experts under the
chairmanship of Soli Sorabjee in September 2006 and also other
reports.
17) The lack of coordination amongst the various functionaries of
government of India is manifest from the fact that despite the
fact that on May 25, 2011, Gate no.7 of the Delhi High Court had
witnessed an ammonium nitrate fuelled explosion, none of the
entry gates to the Delhi High Court had installed Close Circuit
Television Cameras (CCTVs) although Delhi Police had been
reprimanded by the Hon’ble court for security lapses after the
May blast. As per media reports, this Hon’ble court had even
written to Delhi Police for installation of CCTV cameras at all
gates, however, the procurement of CCTVs was stuck in
tendering process.
Even after the bomb explosion, Union Home Minister Mr. P.
Chidambaram said Delhi is a target of terrorist groups and
intelligence pertaining to threats emanating from certain groups
was shared with the Delhi police in July, 2011. It is but apparent
9
that the constitutional wings of Government are not
coordinating with each other and due to which the citizens are
helpless in the matter. It is widely reported that instead of
addressing the security challenges, the reality in cities like Delhi
and Mumbai is that most of the best trained police personnel are
utilized for VIP security. Nearly 60 per cent of the 83,740 or
more police personnel in Delhi are employed for securing VIPs
and their movements. The citizen of Delhi would like to know the
status of implementation of the security and counter terrorism
reforms as well since they may have an impact upon the reliefs
in this petition. Though not the subject matter of this Petition the
Petitioner will also crave leave to refer to and rely upon certain
orders (including Order dated September 22, 2006), passed by
the Hon'ble Supreme Court of India in the case of Prakash Singh
& Ors vs. Union of India & Ors. [2006 (8) S.C.C.1]
18) The Petitioner submits that the citizens of Delhi have suffered
grave harm, loss and injury owing to inter alia the recent
terrorist attacks in Delhi on September 07, 2011, and it is
necessary in the interests of the State and its citizens that the
2nd Respondents be empowered and equipped to deal with
security threats and law and order disturbances and to safe
guard the State and its citizens therefrom. This Petition is
therefore being filed in the larger public interest as the public
has been grievously injured and affected by the spate of
terrorist attacks in the City of Delhi and public confidence has
been seriously undermined.
10
19) The security of the City of Delhi and its Citizens is therefore
of great importance and sensitivity to the Country. In view of
the global significance of the capital city of Delhi which cannot
be undermined, it is therefore absolutely imperative to the
financial, moral physical and general well being of the Country
and the safety and security of its Citizens that Delhi be properly
safeguarded and appropriate security measures be put in place
to ensure that such attacks do not recur and / or that in the
unfortunate and unexpected event of any recurrence, losses of
lives and properties are minimised and curtailed. A plan for crisis
management and response also needs to be in place. For the
purpose, it is essential that the Respondents put in place
adequate measures to secure the borders of Delhi, and ensure
that the safely law and order situation in the City is maintained,
including by:
i) constituting a security force capable of dealing with
and curtailing terrorist and other aggression in the City,
such as the Quick Response Team and / or a State
Security Guard on the lines of the NSG,
ii) establishing appropriate and efficient coordination
mechanisms as between the 1st Respondent and its
agencies and the 2nd Respondent and other appropriate
agencies to meet special situations including terrorist
attacks;
iii) assisting, training and equipping the 2nd Respondent
and its police and security agencies of the 2nd
Respondent in preparing themselves for threats such as
11
terrorist attacks, and other similar threats to Delhi City
and people of Delhi;
iv) formulating and implementing a ‘Crisis Management
Plan’ together with creating relevant infrastructure
processes and guidelines to manage one or more crisis
of such nature taking place in Delhi including but not
limited to security breaches, terrorist attacks, riots,
natural disasters and the like and that the Respondents
be directed to implement the same;
v) procuring and providing for adequate equipment,
vehicles, machinery, etc. required for quick mobility
and access on road and air in and around the City of
Delhi including equipment such as helicopters and the
like to enable the relevant agencies respond quickly,
appropriately and that the same be reserved
exclusively for police duties and for this purpose to
constitute full fledged chopper units;
vi) identifying, funding and to provide for specific
infrastructure and apparatus in the City of Delhi
including but not limited to CCTV (closed circuit
television) all over the strategic locations in the City
and other select cities in the State, and other physical,
technological and knowledge infrastructure to enable
adequate surveillance in the City commensurate with
the threat perceptions and risks faced by it;
20) Further and in order to create public confidence and assist in
the timely implementation of the measure set out above, it is fit
12
just and necessary, that this Hon’ble Court direct the
composition of a “Citizens Coordination Committee’ (“CCC”),
comprising persons of impeccable integrity, competence and
reputation including retired persons from the judiciary, armed or
police forces, reputed civilians, professionals,
businessmen/chambers of commerce, trade unions and
intellectuals from the City of Delhi to advise and coordinate the
above measures and which CCC shall function under the
supervision of this Hon’ble Court. CCC shall only perform
recommendatory or suggestive functions and will not, in any
way, interfere or deem to have power to interfere in any of the
decision making process of the State or any decision made. CCC
by very nature of things will be a voluntary body and shall make
suggestions and recommendations as regards to the steps
which need to be taken for prevention of re-occurrence of such
events as well as the manner in which lacunae or defects should
be corrected in the matter affecting directly and indirectly the
investigation or the government decision in regard to its action
taking process. CCC would function as a watchdog and act as a
link between public opinion and the administration.
21) The balance of convenience is in favour of the Petitioner and
the public at large. No loss or prejudice will be caused to the
Respondents should the reliefs as prayed for be granted; on the
contrary, the Petitioner and the public at large will suffer grave
an irreparable loss should the reliefs be refused, including by
way of violation of their fundamental right to life and liberty
under Article 21 of the Constitution of India. It is the duty of the
Respondents to safeguard the lives, rights and interests of the
13
Citizens of India, as enshrined by Article 355 of the Constitution,
which provides that “It shall be the duty of the Union to protect
every State against external aggression and internal disturbance
and to ensure that the government of every State is carried on
in accordance with the provisions of the Constitution”.
22) It is therefore fit, right and convenient, in the interests of
justice and equity and in public interest that the reliefs as
prayed for in the present Petition are granted and the petition
made absolute that the present Petition be made absolute.
23) The Petitioner craves leave to add, omit or amend any facts,
grounds or reliefs as may be required, with the leave of this
Hon'ble Court.
24) The 1st Respondent is the Union of India and the 2nd
Respondent is the State of NCT of Delhi. The recent terror
attacks and several prior took place in Delhi. The threat
perception of the possibility of future attacks exists in Delhi. The
duties of the Respondents which are sought to be enforced by
this Petition are required to be carried out with regard to the
City of Delhi. The entire cause of action has thus arisen in Delhi
and this Hon’ble Court has jurisdiction to entertain, try and
dispose of this civil writ Petition in its extraordinary jurisdiction
under Article 226 of the Constitution of India. It is submitted that
the issue involved in the present petition is not limited to a
single State but involves the entire nation and if the prayer
sought for in the present writ petition are not granted, the entire
nation will suffer irreparable loss and injury and the national
security of the country is at stake.
14
25) The Petitioner has no other equally efficacious alternate
remedy available to them and remedy by way of this Petition
will, if granted, be complete and effective.
26) The Petitioner has not filed any other Petition either in this
Hon’ble Court or any other High Court or in the Supreme Court
of India, pertaining to the subject matter of the present Petition.
The Petitioner had filed a Public Interest Litigation no. 112 of
2008 before Hon’ble Bombay High Court claiming same/ similar
reliefs for the city of Mumbai and the state of Maharashtra and
the Hon’ble Bombay High Court was pleased to pass an order
dated 19.12.2008 appointing a Committee. This was challenged
by the State of Maharashtra before the Hon’ble Supreme Court
of India by filing SLP(C) No. 31223-31226 of 2008. The State of
Maharashtra then filed an additional affidavit dated 20.10.2010
stating that most of the action points raised by the Petitioner
therein had already been implemented. In view of the action
taken by the State of Maharashtra pursuant to filing of the PIL
no. 112 of 2008, the Hon’ble Supreme Court vide its order dated
18.08.2011 was of the view that it was not necessary to
continue with the interim order dated 19.12.2008 of Hon’ble
Bombay High Court.
Copies of the order dated 19.12.2008 passed by Hon’ble
Bombay High Court, additional affidavit dated 20.10.2010
filed by State of Maharashtra and the Order dated 18.08.2011
passed by Hon’ble Supreme Court are annexed herewith and
marked as Annexures P-1, P-2 and P-3 respectively.
15
27) The Petition has been signed and declared by Mr. Lalit
Bhasin, the President of the Petitioner abovenamed.
28) The Petitioner has paid a fixed court fee of Rs.500/-.
29) The Petitioner will rely on documents a list whereof is hereto
annexed. The Petitioner will also rely upon a compilation of
media reports.
The Petitioner therefore prays:-
(a) that this Hon’ble Court be pleased to issue
a writ of mandamus or a writ in the nature
of mandamus or any other appropriate writ,
direction or order directing the
Respondents to take and implement all
such appropriate measures as are
necessary to adequately meet the threat to
the citizens of Delhi from acts of terrorism,
and, otherwise as may be necessary to
protect their lives pursuant to the
guarantee contained in Article 21 of the
Constitution of India, and further, to protect
the properties of the citizens of Delhi
through all appropriate means as may be
required;
(b) without prejudice to the generality of
Prayer (a) above, that this Hon’ble Court be
pleased to issue a Writ of Mandamus or a
writ in the nature of Mandamus or any
other appropriate writ, direction or order
16
directing the 1st Respondents and / or 2nd
Respondents to disclose on affidavit to this
Hon’ble Court the steps being taken for the
above together with applicable time
frames, funding support and in relation to
the above, including but not limited to the
following:
particulars of the measures and
action taken, if any, for the
establishment of any special, elite or
rapid action force (including the Quick
Response Team and/or a State
Security Guard on the lines of the
NSG) or any counter terrorism
measures;
(c) that this Hon’ble Court be pleased to issue
a Writ of Mandamus or a writ in the nature
of Mandamus or any other appropriate writ,
direction or order directing the 1st
Respondent:
i) to effectively maintain a centralised
system of intelligence with inputs
from all central as well as state
services which are accessible to state
as well as central intelligence
agencies and to provide adequate
mechanisms for proper sharing and
analysis of intelligence.
17
ii) To permanently station a battle ready
unit/battalion of National Security
Guards (NSG) in New Delhi and if
appropriate also other locations in the
State of Delhi, in a time bound
manner;
iii) to establish appropriate and efficient
coordination mechanisms as between
the 1st Respondent and its agencies
and the 2nd Respondent and also any
other State Governments and other
appropriate agencies to meet special
situations including terrorist attacks,
in a time bound manner;
iv. to assist, train and equip the 2nd
Respondent and its police and
security agencies of the 2nd
Respondent in preparing themselves
for threats such as terrorist attacks,
and other similar threats to Delhi City
and people of Delhi, in a time bound
manner.
d. this Hon’ble Court be pleased to issue a
writ of Mandamus or a writ in the nature of
Mandamus or any other appropriate writ or
direction directing the 2nd Respondent –
i) to urgently and in a time bound
manner formulate and implement a
18
‘Crisis Management Plan’ together
with creating relevant infrastructure
processes and guidelines to manage
one or more crisis of such nature
taking place in Delhi including but not
limited to security breaches, terrorist
attacks, riots, natural disasters and
the like and that the Respondents be
directed to implement the same in a
time bound manner;
ii) to procure and provide in a time
bound manner, for adequate
equipment, vehicles, machinery, etc.
required for quick mobility and access
on road and air in and around the City
of Delhi including equipment such as
helicopters, and the like to enable the
relevant agencies respond quickly,
appropriately and that the same be
reserved exclusively for police duties
and for this purpose to constitute full
fledged chopper units;
iii) to identify, fund and to provide in a
time bound manner, for specific
infrastructure and apparatus in the
City of Delhi including but not limited
to CCTV (closed circuit television) all
over Courts including the Supreme
19
Court, Delhi High Court, subordinate
courts , tribunals and other strategic
locations in the City, and other
physical, technological and
knowledge infrastructure to enable
adequate surveillance in the City
commensurate with the threat
perceptions and risks faced by it;
e. that in order to create public confidence
and assist in the timely implementation,
this Hon’ble Court do:
i) direct the composition of a Citizens
Coordination Committee (“CCC”) to
advise and coordinate the above
measures and that such CCC do
function under the supervision of this
Hon’ble Court and further such CCC
do comprise people of impeccable
integrity, competence and reputation
including retired persons from the
judiciary, armed or police forces,
reputed civilians, professionals,
businessmen/ chambers of
commerce, trade unions and
intellectuals from the City of Delhi;
ii) such CCC be required to coordinate
and work closely with the
Respondents and to report the
20
progress from time to time to this
Hon’ble Court;
f. that this Hon’ble Court be pleased to issue
a writ of mandamus or a writ in the nature
of mandamus directing the 2nd Respondent
to disclose the allocation of funds for
modernization and/or upgradation of the
police force and particulars of whether any
part of these funds or resources (human,
monetary or otherwise) have been diverted
to any other applications other than such
modernization and/or upgradation and that
the 2nd Respondent be prohibited by a writ
of prohibition from diverting any such
resources to any applications other than
the security and modernization applications
which they were intended for
modernization and/or upgradation of the
police force and the creation of specialized
or elite forces, and otherwise howsoever,
for effectively discharging its core duty of
protecting the life and property of its
citizens.
g. that pending the hearing and final disposal
of the Petition interim and ad-interim reliefs
in terms of prayer (e) to (f);
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h. for such further and other reliefs as this
Hon’ble Court may deem fit as the
circumstances of the case may require;
(i) for costs of the present Petition
Dated this day of September 2011.
PETITIONER
Filed by :
BHASIN & CO., ADVOCATES
10 HAILEY ROAD, 10TH FLOOR,
NEW DELHI-110001
ADVOCATE FOR THE PETITIONER
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IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
EXTRAORDINARY CIVIL WRIT JURISDICTION UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA
WRIT PETITION (CIVIL) No. OF 2011
IN THE MATTER OF :
A PUBLIC INTEREST LITIGATION
The Society of Indian Law Firms …
Petitioner
Versus
Union of India and Anr. … Respondents
AFFIDAVIT
I, Mr. Lalit Bhasin, Aged about 72 years, S/o Late Mr. Tilak Raj
Bhasin R/o 10 Hailey Road, 10th Floor, New Delhi-110001 do
hereby solemnly affirm and declare as under:
1. That I am the President of the petitioner above named. The
Petitioner is a society having its registered office at S-454, Greater
Kailash II, New Delhi 110 048 and I have been authorized to
institute and sign this petition.
2. I have filed the present petition as a Public Interest Litigation.
3. I have gone through the Delhi High Court (Public Interest
Litigation) Rules, 2010 and do hereby affirm that the present Public
Interest Litigation is in conformity thereof.
4. I have no personal interest in the litigation and neither myself
nor anybody in whom I am is interested would in any manner
benefit from the relief sought in the present litigation save as a
member of the General Public. This petition is not guided by self-
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gain or gain of any person, institution, body and there is no motive
other than of public interest in filing this petition.
5. I have done whatsoever inquiry / investigation which was in
my power to do, to collect all data / material which was available
and which was relevant for this court to entertain the present
petition. I further confirm that I have not concealed in the present
petition any data / material / information which may have enabled
this court to form an opinion whether to entertain this petition or
not and / or whether to grant any relief or not.
DEPONENT
VERIFICATION:
Verified at New Delhi on this day of September 2011 that
the contents of the aforegoing affidavit are true and correct to the
information as gathered from the record and believed to be true by
me and I have not suppressed any material fact.
DEPONENT
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