IN THE HONBLE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL WRIT JURISDICTION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA WRIT PETITION (CIVIL) No. IN THE MATTER OF : A PUBLIC INTEREST LITIGATION AND IN THE MATTER OF : Article 226 of the Constitution of India; Article 21 of the Constitution of India; Article 355 of the Constitution of India; and The Terror Attacks at High Court of Delhi at New Delhi on September 07, 2011, May 25, 2011 and other terror attacks and security threats to the City of Delhi; The Society of Indian Law Firms, a society registered under the Societies Registration Act, 1860 and having its registered office at S-454, Greater Kailash II, New Delhi 110 048, on behalf of its individual members and the general public at large through its President Mr. Lalit Bhasin. Versus OF 2011

Petitioner

1. Union of India through the Chief Secretary, Ministry of Home Affairs and Ministry of Defence 2. The Government of NCT of Delhi, through the Chief Secretary, Home Secretary and Commissioner of Police

...Respondent No. 1

Respondent No.2

THE HONBLE THE CHIEF JUSTICE OF DELHI HIGH COURT AND HIS COMPANION JUSTICES OF THE HONBLE DELHI HIGH COURT; THE HUMBLE PETITION OF THE PETITIONER

ABOVENAMED. MOST RESPECTFULLY SHOWETH: 1) That the Writ Petitioner has no personal interest in the litigation and that the petition is not guided by self-gain of any other

person/institution/body and that there is no motive other than of public interest in filing the present Writ Petition. 2) That the facts stated in the Petition are based on information which is extensively available in public domain and the veracity of the same is not in dispute. 3) That by the act and deeds of the Respondent nos. 1 and 2 each and every citizen of India including of the state of Delhi is affected directly or indirectly and therefore; it is very difficult to ascertain the specific class of persons affected. 4) That it is submitted that by the orders/reliefs sought in the present Writ Petition the Respondents mentioned hereinabove are affected and as per the knowledge of the Petitioner apart from them, no other person, bodies, institutions are likely to be affected by the orders sought in the petition. 5) That the Petitioner (SILF) is the apex body of law firms in India, established as a society under the Societies Registration Act, 1860 in the year 1999. It has over 100 members which include the topmost law firms in India. SILF strives to create an atmosphere that will enable Indian law firms to excel and also serves as a forum for exchange of ideas and information and a medium for interaction with the government, judiciary and bureaucracy. The Petitioner has the means to pay the costs, if any, imposed by the Honble Court

and the Petitioner undertakes before this Honble Court in this regard. 5A) The 1st Respondent, the Union of India through the ministries of Ministry of Home Affairs and Ministry of Defence is responsible for protecting every State of India against external aggression and internal disturbance under Article 355 of the Constitution of India. The 2nd Respondent is the State of NCT of Delhi, through its Home Department and is responsible for maintenance of the law and order situation in the State of NCT of Delhi through Commissioner of Police, and the constitution and functioning of the State Police Force, the Headquarter of which is in Delhi. 6) The present petition raises far reaching questions about the role of the Respondents in providing security to its citizens in the matter of their life and liberty guaranteed by Article 21 of the Constitution without which the other fundamental rights are incapable of being exercised. Right to life includes right to live with human dignity and the said right will be nugatory if the citizens of Delhi live under the constant fear of violence and terrorism. The Petitioner is seriously concerned about the lack of security and safety of the citizens of the State and city of Delhi and the law and order situation, in the wake of various terrorist attacks in the Country and the recent audacious terrorist attack in the heart of the City of Delhi on September 07, 2011 at the gates of the Delhi High Court. The immediate causes for filing the present petition are the said recent horrific and brazen terrorist attacks on institution imparting justice which have disclosed several deficiencies and lapses in the existing systems and counterterrorism measures and also in the manner in which they were employed. The recent events have also exposed basic intelligence failures, the lack of coordination amongst different governmental

and beauracratic functionaries as well as inadequate legal and regulatory mechanism and intent to cope with terrorist

activities. The Petitioner

wishes to clarify at the outset that the purpose of the present petition is not to blame or censure any person, party or organisation or the government but to compel the

Respondents to adopt and undertake measures which may prevent recurrence of such terrorist incidents or in any event enable the state machinery to equip police and security forces to effectuate better counter and combat terrorist activities and thereby save loss of, or injury to, precious human lives and destruction of properties. It is reiterated that the intention of the Petitioner is not to enter into decision making process of the Respondents being Union or the State as regard to the security and safety of its people, the same being the prerogative of the Respondents. Basic purpose of this petition is to provide a better and secure future to the citizens of Delhi and it would be necessary to that limited purpose to venture into issuance of certain directions as well as certain measures which the Respondents must take without any further delay. 7) This Petition has assumed even greater importance since the nature, sophistication and seriousness of the threat posed by terrorist organizations has increased manifold and continues to increase after each incident. Citizens have a fundamental right to enjoy terror-free life, however, there is a sense of great insecurity in the capital city. It is impossible for trade, business or the arts to thrive in such an atmosphere, where even a basis sense of safety and security is weak. More such terror attacks on the Supreme Court and High Courts have been threatened.

8) Delhi is the largest metropolis by area and the second-largest city by population in India. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory as per 2011 Census. Delhi is the seat of both the Government of India and the State Government of Delhi. The Parliament of India, the Rashtrapati Bhavan (Presidential Palace), the Supreme Court of India, Delhi High Court, Delhi Stock Exchange and offices of almost all central

governmental functionaries are located in Delhi. Being one of the fastest growing cities in the world, by 2015, Delhi is expected to be the third-largest agglomeration in the world after Tokyo and Mumbai. Besides these, with an estimated net State Domestic Product (FY 2007) of 118,200 crore (US$26.36 billion) in nominal terms and 336,400 crore (US$75.02 billion) in PPP terms, Delhi is the largest

commercial center in northern India. In 2007, Delhi had a per capita income of 66,728 (US$1,488.03) at current prices, the third highest in India after Chandigarh and Goa as of 2006 07. Being the corporate headquarters of many Indian companies and numerous multinational corporations, it is the top centre of commerce by global financial flow and it has regular flow of foreign visitors and dignitaries. For all these reasons, Delhi is one of the most important cities in India, a focus point for India in countries and media around the world and consequently a prime target for terrorist activity, especially since it is seen as highly vulnerable and an easy and soft target. It would be fair to state that from amongst many of the global political and financial centres Delhis

security and protective system in handling attacks by terrorists and other organizations is one of the weakest. 9) The events over the last 15 years affecting the security and safety of Delhi and its Citizens are matters of public record and consciousness and have been extensively documented in diverse reports, media coverages and otherwise. The

Petitioner in this behalf crave leave to refer to and rely upon a compilation of media reports and other materials to broadly chronicle the history over the last 15 years during which Delhi has been repeatedly targeted with impugnity. The strength and the audacity of the attacks have increased in intensity and frequency over the years, the terrorist and elements aligned with them becoming more sophisticated, brazen and aggressive. It is unclear whether the states machinery is adequate to address this new and heightened challenge. A new approach has become imperative. 10) The recent Delhi High Court bomb explosion incident is not an isolated incident of terror. It is part of a series of terrorist acts which amounts virtually to waging a war on the sovereignty and integrity of the country. This problem is getting increasingly exacerbated as is evident from the instances of terrorism given below. September 7, 2011: At least 13 people were killed and over 80 were injured in a bomb explosion outside one of the entry gates to the Delhi High Court complex crowded with visitors seeking entry into the premises.

May 25, 2011: A bomb exploded at the gate of Delhi High Court. September 13, 2008: A series of five synchronised bomb blasts took place within a span of few minutes at various locations in Delhi, India. The blasts left at least 30 people killed and over 100 injured. April 14, 2006: At least 14 people were injured after two explosions at the courtyard of Jama Masjid in the Walled City of Old Delhi. October 29, 2005: Three powerful serial blasts in New Delhi just two days before Diwali. About 70 people died and at least 210 were injured. December 13, 2001: Terrorists attacked Parliament complex in New Delhi killing seven security personnel. December 30, 1997: 4 commuters killed and about 30 injured in a bomb explosion in a bus near Punjabi Bagh, Delhi. November 30, 1997: Twin blasts in Red Fort area, Delhi left 3 Killed and 70 injured. October 26, 1997: Twin bomb blasts in Karol Bagh market, Delhi left 1 dead and 34 injured. October 18, 1997: 1 person was killed and 23 others were hurt in twin bomb blasts In Rani Bagh market, Delhi. October 10, 1997: 1 killed, 16 injured in three bomb blasts at Shantivan, Kauria Pul and Kingsway Camp areas.

October 1, 1997: Thirty people were injured in two bomb explosions near a procession in the Sadar Bazar area, Delhi. January 9, 1997: 50 injured in bomb blast opposite the Delhi Police Headquarters at ITO.

11) It is therefore clear that in the last 15 years, Delhi has seen an increase in terrorist attacks and other threats affecting the security of the Country. Over the past few years a series of attacks by terrorists, have caused grievous loss of lives, property as also the morale and perceived safety of the State and its people. The global image of the Country and of this city has been severely damaged. That terrorist attacks in the city of Delhi have increased in intensity and frequency can be seen increased. The Petitioner craves leave to refer to and rely upon media reports in this regard, when produced.

12) It is clear that security and terrorist threats and aggression of this nature requires to be addressed in a special fashion. A security capability based on policing for ordinary law and order situations in a metropolis are woefully inadequate to combat the same, when compared with sophistication of the equipment motivation and rigor of training received from and by terrorist organizations. It is clear that these threats require a completely different level of responsiveness, infrastructure and organization so as to effectively be able to provide safety to the citizens as well as tourists, businessmen and other visitors to the City of Delhi.

13) Police forces and other agencies do have brave officers who do the best they can. But in the absence of modern equipment and the support of technological backup and adequate training, the gaps in the ability to deal with such situations are significant and do, as has been seen, result in loss of life not only of civilians but also of members of the police force and other agencies. It is apparent that the current levels of training as well as the weaponry possessed by the police is antiquated and unable to cope with the arms and technology employed by terrorists and other anti-national elements. Besides the impunity and

frequency of these attacks has now created a sense of frustration, dependency and deep insecurity. The Petition seeks to seek a way to address this situation in the hope that the Respondents do put in place mechanisms to help the Country, its citizens, the City of Delhi and its security in this regard. The Petitioner does this in all humility and in a spirit of

constructiveness.

14) The subject and manner dealing with these terrorist threats has been reviewed from time to time but neither any coherent reform has emerged nor required investments in equipment, training and infrastructure have been made. From media reports it appears that even measures with respect to the police force previously contemplated have been inadequate and have either not been implemented, delayed or have been implemented in a sporadic and watered-down fashion. It is not the purpose of this petition to go into the subject matter of police reforms in general or other administrative matters except to state that the delay in implementation of such measures has over a period of

time had an impact on the effectiveness of our security agencies including the police, not only in relation to enforcement of security and safeguarding its citizens, but also in relation to intelligence and information gathering and dissemination that could assist in prevention or minimisation of threats and attacks.

15)

The consistent experience in the past has been that the Respondents have purported to examine implementation of various measures, possible changes and reforms but nothing adequate or meaningful has come out of it despite proclamations. Some of the reports commissioned by one or both of the Respondents are only partially implemented. It appears from media reports that funds earmarked for modernization and upgradation of the police force and their equipment may have been diverted to other objectives. Financial resources, manpower and equipment are diverted for non core police functions. In the process, the security of the State, the City of Delhi and its people has been severely compromised, thereby effectively denying them their fundamental right to live in terms of Article 21 of the Constitution of India. No amount of private security would be adequate for this purpose and it is only the Central and State machinery that can ensure the safety and security of its people. Moreover, even conventional police methods suitable for ordinary law and order situations are obviously not adequate. The subject matter of dealing with the new international threat of global terrorism requires an urgent fresh and substantially more sophisticated approach. Not to do so would be a failure of the Central and States core obligation to defend the lives of their citizens and their property and a denial of the same to the citizen.

16)

This Petition has been brought in a constructive sprit and not to get into finger pointing. It is not the purpose of this petition to go into any post-mortem or enquiry into the details of the recent events since it is neither possible to do so based on media reports nor would it be appropriate to do so. The Petitioner does however believe that judicial intervention now seems to be the only reliable course since the events of the last 15 years have demonstrated that merely relying upon promises of future action is insufficient and in fact is quickly forgotten. The Petitioner has however approached this Hon'ble Court to help the city and its agencies ensure that appropriate and urgent steps are taken to minimise if not eliminate the possibility of such events recurring in future. The manner in which New York City dealt with the events after the attacks of September 11 is instructive. A significant tightening of the laws, administrative reform and upgradation of the Citys security and infrastructure was responsible for preventing

recurrence of such attacks over the last ten years. By contrast, Delhi City seems to suffer such events, with increasing intensity and frequency. It is noteworthy that United States of America has created a separate department called The Department of Home Land Security, which is entrusted with the work of taking care of security in USA. It is submitted that a separate department of such a nature may be created in India also to avoid terrorist attacks/incidents in Delhi and other places. The Petitioners is a nonpolitical reputed body and its sole interest in approaching this Hon'ble Court is to seek assistance of the Court to require the Respondents to do and discharge their sovereign and fundamental duties. There has been a general lack of public confidence that needs to be restored. The Petitioner craves leave to refer to and

rely upon various reports and committees (including but not limited to eight Reports of the National Police Commission from the years 1977 till 1981) for emphasizing some of the needs for better surveillance, upgradation, training, etc. The Petitioner will also crave leave to refer to and rely upon the report of the committee of the experts under the chairmanship of Soli Sorabjee in September 2006 and also other reports.

17)

The lack of coordination amongst the various functionaries of government of India is manifest from the fact that despite the fact that on May 25, 2011, Gate no.7 of the Delhi High Court had witnessed an ammonium nitrate fuelled explosion, none of the entry gates to the Delhi High Court had installed Close Circuit Television Cameras (CCTVs) although Delhi Police had been reprimanded by the Honble court for security lapses after the May blast. As per media reports, this Honble court had even written to Delhi Police for installation of CCTV cameras at all gates, however, the procurement of CCTVs was stuck in tendering process.

Even after the bomb explosion, Union Home Minister Mr. P. Chidambaram said Delhi is a target of terrorist groups and intelligence pertaining to threats emanating from certain groups was shared with the Delhi police in July, 2011. It is but apparent that the constitutional wings of Government are not

coordinating with each other and due to which the citizens are helpless in the matter. It is widely reported that instead of addressing the security challenges, the reality in cities like Delhi and Mumbai is that most of the best trained police personnel are utilized for VIP security. Nearly 60 per cent of the 83,740 or

more police personnel in Delhi are employed for securing VIPs and their movements. The citizen of Delhi would like to know the status of implementation of the security and counter terrorism reforms as well since they may have an impact upon the reliefs in this petition. Though not the subject matter of this Petition the Petitioner will also crave leave to refer to and rely upon certain orders (including Order dated September 22, 2006), passed by the Hon'ble Supreme Court of India in the case of Prakash Singh & Ors vs. Union of India & Ors. [2006 (8) S.C.C.1]

18)

The Petitioner submits that the citizens of Delhi have suffered grave harm, loss and injury owing to inter alia the recent terrorist attacks in Delhi on September 07, 2011, and it is necessary in the interests of the State and its citizens that the 2nd Respondents be empowered and equipped to deal with security threats and law and order disturbances and to safe guard the State and its citizens therefrom. This Petition is therefore being filed in the larger public interest as the public has been grievously injured and affected by the spate of terrorist attacks in the City of Delhi and public confidence has been seriously undermined.

19)

The security of the City of Delhi and its Citizens is therefore of great importance and sensitivity to the Country. In view of the

global significance of the capital city of Delhi which cannot be undermined, it is therefore absolutely imperative to the financial, moral physical and general well being of the Country and the safety and security of its Citizens that Delhi be properly safeguarded and appropriate security measures be put in place to ensure that such attacks do not recur and / or that in the unfortunate and

10

unexpected event of any recurrence, losses of lives and properties are minimised and curtailed. A plan for crisis management and response also needs to be in place. For the purpose, it is essential that the Respondents put in place adequate measures to secure the borders of Delhi, and ensure that the safely law and order situation in the City is maintained, including by:

i)

constituting a security force capable of dealing with and curtailing terrorist and other aggression in the City, such as the Quick Response Team and / or a State Security Guard on the lines of the NSG,

ii)

establishing appropriate and efficient coordination mechanisms as between the 1st Respondent and its agencies and the 2nd Respondent and other appropriate agencies to meet special situations including terrorist attacks;

iii)

assisting, training and equipping the 2nd Respondent and its police and security agencies of the 2nd Respondent in preparing themselves for threats such as terrorist attacks, and other similar threats to Delhi City and people of Delhi;

iv)

formulating and implementing a Crisis Management Plan together with creating relevant infrastructure processes and guidelines to manage one or more crisis of such nature taking place in Delhi including but not limited to security breaches, terrorist attacks, riots, natural disasters and the like and that the Respondents be directed to implement the same;

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v)

procuring and providing for adequate equipment, vehicles, machinery, etc. required for quick mobility and access on road and air in and around the City of Delhi including equipment such as helicopters and the like to enable the relevant agencies respond quickly, appropriately and that the same be reserved

exclusively for police duties and for this purpose to constitute full fledged chopper units; vi) identifying, funding and to provide for specific infrastructure and apparatus in the City of Delhi including but not limited to CCTV (closed circuit television) all over the strategic locations in the City and other select cities in the State, and other physical, technological and knowledge infrastructure to enable adequate surveillance in the City commensurate with the threat perceptions and risks faced by it;

20)

Further and in order to create public confidence and assist in the timely implementation of the measure set out above, it is fit just and necessary, that this Honble Court direct the composition of a Citizens Coordination Committee (CCC), comprising persons of impeccable integrity, competence and reputation including retired persons from the judiciary, armed or police forces, reputed civilians, professionals, businessmen/chambers of commerce, trade unions and intellectuals from the City of Delhi to advise and coordinate the above measures and which CCC shall function under the supervision of this Honble Court. CCC shall only perform recommendatory or suggestive functions and will not, in any way, interfere or deem to have power to interfere in any of the decision

12

making process of the State or any decision made. CCC by very nature of things will be a voluntary body and shall make suggestions and recommendations as regards to the steps which need to be taken for prevention of re-occurrence of such events as well as the manner in which lacunae or defects should be corrected in the matter affecting directly and indirectly the investigation or the government decision in regard to its action taking process. CCC would function as a watchdog and act as a link between public opinion and the administration.

21)

The balance of convenience is in favour of the Petitioner and the public at large. No loss or prejudice will be caused to the Respondents should the reliefs as prayed for be granted; on the contrary, the Petitioner and the public at large will suffer grave an irreparable loss should the reliefs be refused, including by way of violation of their fundamental right to life and liberty under Article 21 of the Constitution of India. It is the duty of the Respondents to safeguard the lives, rights and interests of the Citizens of India, as enshrined by Article 355 of the Constitution, which provides that It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of the Constitution.

22)

It is therefore fit, right and convenient, in the interests of justice and equity and in public interest that the reliefs as prayed for in the present Petition are granted and the petition made absolute that the present Petition be made absolute.

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23)

The Petitioner craves leave to add, omit or amend any facts, grounds or reliefs as may be required, with the leave of this Hon'ble Court.

24)

The 1st Respondent is the Union of India and the 2nd Respondent is the State of NCT of Delhi. The recent terror attacks and several prior took place in Delhi. The threat perception of the possibility of future attacks exists in Delhi. The duties of the Respondents which are sought to be enforced by this Petition are required to be carried out with regard to the City of Delhi. The entire cause of action has thus arisen in Delhi and this Honble Court has jurisdiction to entertain, try and dispose of this civil writ Petition in its extraordinary jurisdiction under Article 226 of the Constitution of India. It is submitted that the issue involved in the present petition is not limited to a single State but involves the entire nation and if the prayer sought for in the present writ petition are not granted, the entire nation will suffer irreparable loss and injury and the national security of the country is at stake.

25)

The Petitioner has no other equally efficacious alternate remedy available to them and remedy by way of this Petition will, if granted, be complete and effective.

26)

The Petitioner has not filed any other Petition either in this Honble Court or any other High Court or in the Supreme Court of India, pertaining to the subject matter of the present Petition. The Petitioner had filed a Public Interest Litigation no. 112 of 2008 before Honble Bombay High Court claiming same/ similar reliefs for the city of Mumbai and the state of Maharashtra and the Honble Bombay High Court was pleased to pass an order dated 19.12.2008

14

appointing a Committee. This was challenged by the State of Maharashtra before the Honble Supreme Court of India by filing SLP(C) No. 31223-31226 of 2008. The State of Maharashtra then filed an additional affidavit dated 20.10.2010 stating that most of the action points raised by the Petitioner therein had already been implemented. In view of the action taken by the State of Maharashtra pursuant to filing of the PIL no. 112 of 2008, the Honble Supreme Court vide its order dated 18.08.2011 was of the view that it was not necessary to continue with the interim order dated 19.12.2008 of Honble Bombay High Court. Copies of the order dated 19.12.2008 passed by Honble Bombay High Court, additional affidavit dated 20.10.2010 filed by State of Maharashtra and the Order dated 18.08.2011 passed by Honble Supreme Court are annexed herewith and marked as Annexures P-1, P-2 and P-3 respectively.

27)

The Petition has been signed and declared by Mr. Lalit Bhasin, the President of the Petitioner abovenamed.

28) 29)

The Petitioner has paid a fixed court fee of Rs.500/-. The Petitioner will rely on documents a list whereof is hereto annexed. The Petitioner will also rely upon a compilation of media reports. The Petitioner therefore prays:(a) that this Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ,

15

direction

or

order

directing

the

Respondents to take and implement all such appropriate measures as are

necessary to adequately meet the threat to the citizens of Delhi from acts of terrorism, and, otherwise as may be necessary to protect their lives pursuant to the

guarantee contained in Article 21 of the Constitution of India, and further, to protect the properties of the citizens of Delhi through all appropriate means as may be required; (b) without prejudice to the generality of

Prayer (a) above, that this Honble Court be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the 1st Respondents and / or 2nd Respondents to disclose on affidavit to this Honble Court the steps being taken for the above together with applicable time

frames, funding support and in relation to the above, including but not limited to the following: particulars action of the if measures any, for and the

taken,

establishment of any special, elite or rapid action force (including the Quick Response Team and/or a State

16

Security Guard on the lines of the NSG) or any counter terrorism

measures; (c) that this Honble Court be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, direction or order directing the 1st

Respondent: i) to effectively maintain a centralised system of intelligence with inputs from all central as well as state services which are accessible to state as well as central intelligence

agencies and to provide adequate mechanisms for proper sharing and analysis of intelligence. ii) To permanently station a battle ready unit/battalion of National Security

Guards (NSG) in New Delhi and if appropriate also other locations in the State of Delhi, in a time bound manner; iii) to establish appropriate and efficient coordination mechanisms as between the 1st Respondent and its agencies and the 2nd Respondent and also any other State Governments and other

appropriate agencies to meet special

17

situations including terrorist attacks, in a time bound manner; iv. to assist, train and equip the 2nd Respondent security and its of police the and 2nd

agencies

Respondent in preparing themselves for threats such as terrorist attacks, and other similar threats to Delhi City and people of Delhi, in a time bound manner. d. this Honble Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ or direction directing the 2nd Respondent i) to urgently and in a time bound manner formulate and implement a Crisis Management Plan together with creating relevant infrastructure processes and guidelines to manage one or more crisis of such nature taking place in Delhi including but not limited to security breaches, terrorist attacks, riots, natural disasters and the like and that the Respondents be directed to implement the same in a time bound manner; ii) to procure and provide in a

time bound manner, for adequate

18

equipment, vehicles, machinery, etc. required for quick mobility and access on road and air in and around the City of Delhi including equipment such as helicopters, and the like to enable the relevant agencies respond quickly, appropriately and that the same be reserved exclusively for police duties and for this purpose to constitute full fledged chopper units; iii) to identify, fund and to provide

in a time bound manner, for specific infrastructure and apparatus in the City of Delhi including but not limited to CCTV (closed circuit television) all over Courts including the Supreme Court, Delhi High Court, subordinate courts , tribunals and other strategic locations physical, in the City, and other and

technological

knowledge infrastructure to enable adequate surveillance in the City commensurate with the threat

perceptions and risks faced by it; e. that in order to create public confidence and assist in the timely implementation, this Honble Court do:

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i)

direct the composition of a Citizens Coordination Committee (CCC) to advise and coordinate the above

measures and that such CCC do function under the supervision of this Honble Court and further such CCC do comprise people of impeccable integrity, competence and reputation including retired persons from the judiciary, reputed armed or police civilians, forces,

professionals, of and

businessmen/ commerce,

chambers trade unions

intellectuals from the City of Delhi; ii) such CCC be required to coordinate and work closely and to with report the the

Respondents

progress from time to time to this Honble Court; f. that this Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus directing the 2nd Respondent to disclose the allocation of funds for modernization and/or upgradation of the police force and particulars of whether any part of these funds or resources (human, monetary or otherwise) have been diverted to any other applications other than such

20

modernization and/or upgradation and that the 2nd Respondent be prohibited by a writ of prohibition from diverting any such resources to any applications other than the security and modernization applications which they were intended for

modernization and/or upgradation of the police force and the creation of specialized or elite forces, and otherwise howsoever, for effectively discharging its core duty of protecting the life and property of its citizens. g. that pending the hearing and final disposal of the Petition interim and ad-interim reliefs in terms of prayer (e) to (f); h. for such further and other reliefs as this Honble Court may deem fit as the

circumstances of the case may require; (i) for costs of the present Petition day of September 2011.

Dated this

PETITIONER Filed by : BHASIN & CO., ADVOCATES 10 HAILEY ROAD, 10TH FLOOR, NEW DELHI-110001 ADVOCATE FOR THE PETITIONER

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IN THE HONBLE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL WRIT JURISDICTION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA WRIT PETITION (CIVIL) No. IN THE MATTER OF : A PUBLIC INTEREST LITIGATION OF 2011

The Society of Indian Law Firms Petitioner Versus Union of India and Anr. AFFIDAVIT

Respondents

I, Mr. Lalit Bhasin, Aged about 72 years, S/o Late Mr. Tilak Raj Bhasin R/o 10 Hailey Road, 10th Floor, New Delhi-110001 do hereby solemnly affirm and declare as under: 1. That I am the President of the petitioner above named. The

Petitioner is a society having its registered office at S-454, Greater Kailash II, New Delhi 110 048 and I have been authorized to institute and sign this petition. 2. 3. I have filed the present petition as a Public Interest Litigation. I have gone through the Delhi High Court (Public Interest

Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof. 4. I have no personal interest in the litigation and neither myself

nor anybody in whom I am is interested would in any manner benefit from the relief sought in the present litigation save as a member of the General Public. This petition is not guided by self-

22

gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition. 5. I have done whatsoever inquiry / investigation which was in

my power to do, to collect all data / material which was available and which was relevant for this court to entertain the present petition. I further confirm that I have not concealed in the present petition any data / material / information which may have enabled this court to form an opinion whether to entertain this petition or not and / or whether to grant any relief or not.

DEPONENT VERIFICATION: Verified at New Delhi on this day of September 2011 that

the contents of the aforegoing affidavit are true and correct to the information as gathered from the record and believed to be true by me and I have not suppressed any material fact.

DEPONENT

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