File photo of the Delhi High Court.
New Delhi:
The Delhi High Court on Wednesday told the Centre that while it follows austerity measures regarding increasing the number of personnel in Delhi Police, it should ensure that life and liberty issues "do not take a backseat".
"Life and liberty issues ought not to take a backseat," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said to the response of the expenditure department of Finance Ministry that it has received austerity instructions.
The court also "impressed upon" the central government to give due credence to its observation regarding increase of policemen saying safety and security of people in Delhi, especially women and children, was the "crying need of the hour".
"If Delhi being the national capital is not safe, then will you be safe in Jharkhand or anywhere else?" the court asked.
It also said it does not enjoy passing stringent orders, but if its directions are not followed it could be pushed into initiating contempt proceedings.
"We can take judicial note that the law-and-order situation in the national capital is pretty abysmal," it said.
The bench expressed hope that decisions would be taken by the government at the earliest, after it was told by the Ministry of Home Affairs (MHA) that since the increase in Delhi Police personnel and bifurcation of criminal investigation from law and order would entail an expenditure of Rs 483.56 crore per annum, Cabinet approval was necessary.
MHA also told the court that it would be preparing the note for approval by the Cabinet and the whole process was expected to take four weeks.
On the issue of installing CCTV cameras in the national capital, the court was told that a meeting was held between the city government and Delhi Police officials on October 8 and that they had agreed on setting up cameras at locations provided by the police, including 44 sensitive areas in the city.
The court also noted that it was also agreed in the meeting that CCTVs could be set up in all police stations, but there was difference of opinion regarding control of the live feed.
In view of the difference of opinion, the court directed both Delhi government and police to come out with draft rules on protection of privacy, chain of command with regard to custody of the data, its storage, prevention of misuse of live feed, among others.
The court directed that the exercise of framing the rules be carried out as early as possible and be placed before it on the next date of hearing, November 18.
It also issued notice to the Centre and Delhi government seeking their replies on an application filed by advocate Gaurav Bansal who has sought "laying down of directives to prevent sexual abuse of school-going children in the national capital".
Mr Bansal filed the application in the PIL initiated by the court after the December 16 gangrape incident in which it has been giving directions on the issues of appointing more police personnel, additional forensic labs and setting up of a victim compensation fund.
The court also issued notice on an application filed by Delhi government, though its senior standing counsel Rahul Mehra, for directions allowing it to perform Delhi Police's non-core functions like, licensing, traffic management, passport verification and creation of state disaster response force.
The city government has said it has the resources to take over these non-core functions and added that this would free the "immense" resources and personnel of Delhi Police engaged in such functions.
On the last date of hearing, the court had directed the Centre to file a status report regarding the decision taken in the meeting between the Home Secretary and Secretary of Expenditure on induction of more police personnel.
On Wednesday, the court was informed that post the meeting, it was decided that Cabinet approval was required.
The court's earlier direction to hold a meeting had come after the Secretary of Expenditure had submitted that raising the number of cops in Delhi Police would be expensive as it would result in an expenditure of around Rs 483 crore yearly.
"Life and liberty issues ought not to take a backseat," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said to the response of the expenditure department of Finance Ministry that it has received austerity instructions.
The court also "impressed upon" the central government to give due credence to its observation regarding increase of policemen saying safety and security of people in Delhi, especially women and children, was the "crying need of the hour".
"If Delhi being the national capital is not safe, then will you be safe in Jharkhand or anywhere else?" the court asked.
It also said it does not enjoy passing stringent orders, but if its directions are not followed it could be pushed into initiating contempt proceedings.
"We can take judicial note that the law-and-order situation in the national capital is pretty abysmal," it said.
The bench expressed hope that decisions would be taken by the government at the earliest, after it was told by the Ministry of Home Affairs (MHA) that since the increase in Delhi Police personnel and bifurcation of criminal investigation from law and order would entail an expenditure of Rs 483.56 crore per annum, Cabinet approval was necessary.
MHA also told the court that it would be preparing the note for approval by the Cabinet and the whole process was expected to take four weeks.
On the issue of installing CCTV cameras in the national capital, the court was told that a meeting was held between the city government and Delhi Police officials on October 8 and that they had agreed on setting up cameras at locations provided by the police, including 44 sensitive areas in the city.
The court also noted that it was also agreed in the meeting that CCTVs could be set up in all police stations, but there was difference of opinion regarding control of the live feed.
In view of the difference of opinion, the court directed both Delhi government and police to come out with draft rules on protection of privacy, chain of command with regard to custody of the data, its storage, prevention of misuse of live feed, among others.
The court directed that the exercise of framing the rules be carried out as early as possible and be placed before it on the next date of hearing, November 18.
It also issued notice to the Centre and Delhi government seeking their replies on an application filed by advocate Gaurav Bansal who has sought "laying down of directives to prevent sexual abuse of school-going children in the national capital".
Mr Bansal filed the application in the PIL initiated by the court after the December 16 gangrape incident in which it has been giving directions on the issues of appointing more police personnel, additional forensic labs and setting up of a victim compensation fund.
The court also issued notice on an application filed by Delhi government, though its senior standing counsel Rahul Mehra, for directions allowing it to perform Delhi Police's non-core functions like, licensing, traffic management, passport verification and creation of state disaster response force.
The city government has said it has the resources to take over these non-core functions and added that this would free the "immense" resources and personnel of Delhi Police engaged in such functions.
On the last date of hearing, the court had directed the Centre to file a status report regarding the decision taken in the meeting between the Home Secretary and Secretary of Expenditure on induction of more police personnel.
On Wednesday, the court was informed that post the meeting, it was decided that Cabinet approval was required.
The court's earlier direction to hold a meeting had come after the Secretary of Expenditure had submitted that raising the number of cops in Delhi Police would be expensive as it would result in an expenditure of around Rs 483 crore yearly.
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