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Supreme Court query to AG on turf war: Can HC order security cover for its own Ex Judges?

September 2,2017:

Apex Court considered that the threat assessment is carried out as per the guidelines laid down by the Ministry of Home affairs.


Supreme Court has sought Attorney General K K Venugopal’s view by Monday on the Jammu & Kashmir Government’s petition questioning the State HC’s decision to unilaterally order the elaborate security cover for its former Chief Justices and Judges.

Apex Court Bench comprising of CJI Dipak Misra and Justice A M Khanwilkar and Justice D Y Chandrachud appreciated importance of issue raised by Government’s Counsel Rajeev Dhavan, who questioned correctness of the High Court’s decision to step into what was in exclusive domain of Executive.

Bench has asked Additional Solicitor General Pinky Anand to inform AG about Court’s desire for his assistance in matter on Monday.

PDP-BJP Coalition Govt through Advocate Shoeb Alam has challenged J&K HC’s February 17 decision refusing to modify its March 14, 2016 order directing State to provide up to four security guards along with a personal security officer (PSO) to the former Chief Justices and the retired judges of High Court.

State Govt. has stated that, “Throughout country, the security cover for the VIPs and the protected persons is provided on basis of the threat assessment carried out as per guidelines laid down by MHA, which is referred to as the ‘Yellow Book’.”

Govt further added that Determining level of security and the arrangements for the protected persons was a decision to be taken by the Experts and not judiciary.

Source - PTI

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