The Allahabad High Court in Prayagraj has issued a significant directive to the Uttar Pradesh state government, calling for the submission of any existing security rules specifically formulated for retired high court judges. This order came during a hearing on Wednesday, where the court emphasized the need to examine the legal framework governing the protection of judicial officers after their tenure ends.
Petition Highlights Security Concerns for Retired Judiciary
A division bench comprising Justice Ajit Kumar and Justice Swarupama Chaturvedi was hearing a writ petition filed by the Association of Retired Supreme Court and High Court Judges, along with another petitioner. The bench has scheduled the next hearing for February 9, 2024, to allow the government to present its stance and relevant documents.
Arguments for Judicial Independence and Safety
During the proceedings, counsel for the petitioners strongly advocated for enhanced security measures for retired judges. They contended that the security of retired judges is a critical issue that directly impacts the independence of the judiciary. The petitioners' legal representatives argued that a judge delivers judgments based on independent conviction, even on their final day in office, and this duty requires protection from potential threats.
The counsels elaborated: "A judge takes an oath to administer justice without fear or favour, affection or ill-will, upholding the Constitution and laws. This commitment does not cease upon retirement. Even a retired judge requires minimum security when moving in public spaces. A constitutional post holder deserves adequate protection for their life and family after demitting office."
Court's Directive and Next Steps
In response to these submissions, the court instructed the Additional Advocate General to place before it any relevant security rules that have been framed for retired high court judges. The bench further directed that a proper affidavit be filed in the matter by the next date of hearing, ensuring a formal and documented response from the state authorities.
This case underscores ongoing discussions about the safety and dignity of judicial officers post-retirement, highlighting the broader implications for judicial independence in India. The upcoming hearing on February 9 is expected to provide further clarity on the state's policies and potential reforms in this area.
