GOVERNMENT OF A P Vs. STATE

JUDGEMENT

(1.) THIS 'matter extraordinaire' is an extraordinary case. It stands apart from many peculiar cases that have been resolved by this summit Court of Judicature, Andhra Pradesh, in its more than five decades long journey in striving to dispense justice with constitutional vision. The adjudication in this case is concerned with the protection of life and liberty of people and property. Hence, we shall deal with competing concerns with delicate touch. To enter a caveat, though we are seriously concerned; the standard of judicial review is neither strict scrutiny nor is it a dialogic. It is only the deferential judicial review, to find solution, at least, for the present.

(2.) INDIAN democracy can neither survive nor sustain without an independent judiciary. A well administered, organized and managed hierarchical Court structure and user friendly judicial management system is sine qua non for democractic polity which "solemnly resolved" the Constitutional rule of law. To promote such rule, there has to be thus no nonsense 'Court Security System' with 'battlefit preparedness' as mission and firmly established confidence invoking special security processes and procedures as vision. It is necessary that all judicial participants and stakeholders - Judges, advocates/their clerks, Court staff, Government Pleaders, Public Prosecutors, Treasury officials, prison officials and not the least citizens in legal distress; can trust and have faith in the judicial branch. There is no gainsaying that the right to seek redressal in an independent judicial forum is a human right recognized by International Bill of Human Rights and the Constitution of India (Article 8 of the Universal Declaration of Human Rights (UDHR), Article 2(3) of International Covenant on Civil and Political Rights, Sections 2(d) and 2(f) of Protection of Human Rights Act, 1993 and Articles 14, 21, 32 and 226). This case thus in way is an opportunity to instill the confidence in the people that the High Court of the State would nurture and nourish that belief, by protecting the people seeking justice when it is denied or delayed by other two great organs of the State.

(3.) ON 17-9-2010, seven Hon'ble Members of BCAP met in an emergency meeting and passed the following resolution. The Bar Council in an Emergency Meeting held on 17-9-2010 hereby condemns the attack of Advocates in the Court Halls, abusing the Hon'ble Judges and Advocates' throwing Books on Hon'ble Judges and Court Staff and indulging in damaging the Books and Furniture in Court Halls and hurling slogans in the Court Premises. The said Acts amount to interfering with the smooth functioning of Administration of Justice and further the same is contrary to provisions of Advocates Act, 1961, and against the various Judgments of Hon'ble Supreme Court of India. The Bar Council has decided to take suo motu action against the Advocates who involved in the indecent behaviour in Court Halls, on the basis of information received. Further, it is resolved to convene an Extraordinary General Body Meeting of the Bar Council on 24-9-2010 (Friday) at 12.00 noon, in this regard. (emphasis supplied)