Kiran Raj

The Supreme Court Division Bench of Justice Surya Kant and Justice Joymalya Bagchi on Monday indicated that it may frame comprehensive guidelines to curb incidents of violence within court premises. During the hearing of a plea filed by the Kerala Police Officers Association challenging a Kerala High Court order on the procedure for arrest within court premises, the Bench remarked that strict measures were essential to ensure safety and discipline inside courts. “If some hardened criminals are allowed to come inside the court premises wearing lawyers' dress or not, but if they are indulging in this kind of thing, we need to have very harsh action against them. Firm, swift action is required against them,” Justice Kant stated, stressing the need for strong preventive mechanisms.

The petition before the Supreme Court arose from a Kerala High Court order that outlined specific guidelines for police personnel regarding arrests within court premises. The High Court had also set out a grievance redressal framework at both state and district levels. The Kerala Police Officers Association approached the apex court challenging aspects of this order, contending that the directions restricted the operational freedom of law enforcement officers while performing duties within court premises.

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The case stemmed from a suo motu proceeding initiated by the High Court following an alleged altercation in Ramankary Magistrate Court, Alappuzha, where a lawyer was reportedly assaulted by police officers. The High Court’s order clarified the code of conduct for police presence in courts and aimed to prevent confrontations between police and lawyers. Before the Supreme Court, the petitioners argued that while the High Court’s intentions were to ensure decorum, certain directions adversely affected the ability of police to respond swiftly to criminal acts occurring inside court compounds.

The Bench recorded a strong concern over rising incidents of violence within judicial spaces and the misuse of court access. “If some hardened criminals are allowed to come inside the court premises wearing lawyers' dress or not, but if they are indulging in this kind of thing, we need to have very harsh action against them. Firm, swift action is required against them,” Justice Kant observed.

The Court noted that individual liberty could still be safeguarded through other judicial directions and procedural safeguards. It further remarked that “guidelines should be more stringent for court premises” to address the grave implications of allowing armed or violent individuals access to courtrooms.

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The Bench highlighted instances where persons posing as lawyers or others facing trial had committed violent acts inside courts. Justice Kant stated, “Accused persons in so many cases coming in lawyers' dress, wearing black coat, band and everything. Particularly in Haryana, two instances I do recollect. In Delhi also, 2-3 incidents happened.” The Court also expressed concern that police officers were often rendered powerless during such incidents, noting that “If somebody comes with a revolver inside and commits something, and you say we are helpless and can’t even catch hold of that person, it’s going to have very very serious implication.”

The Court directed the petitioner association to collect data on violent incidents within court premises across the country, including cases where “some accused facing trial, witnesses coming to depose, and even one or two lawyers, have been murdered in broad daylight in the court premises. Only because unfortunately one lawyer has been mishandled or something, that should not have this kind of reaction. That’s what we feel. But you collect the information. We may like to widen the scope of this to consider pan-India impact...about the security inside courtrooms.”

Advocates Representing the Parties

For the Petitioners: Mr. R. Basant, Senior Advocate; Mr. Amith Krishnan H, Advocate-on-Record

Case Title: Kerala Police Officers Association v. State of Kerala & Ors.
Case Number: SLP (C) No. 31008 of 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi