IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION UNDER ARTICLE 226

OF THE CONSTITUTION OF INDIA

WRIT PETITION (CIVIL) No. OF 2011

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.
…Petitioner
Versus
1. Union of India through the Chief Secretary,
Ministry of Home Affairs and Ministry of
...Respondent No. 1
Defence

2. The Government of NCT of Delhi, through

the Chief Secretary, Home Secretary and
Commissioner of Police …Respondent No.2

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THE HON’BLE THE CHIEF JUSTICE OF DELHI HIGH COURT
AND HIS COMPANION JUSTICES OF THE HON’BLE 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 Hon’ble Court and the

Petitioner undertakes before this Hon’ble 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 counter-terrorism 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

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 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 Delhi’s 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

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 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 state’s 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.

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 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

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 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

5
 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,

6
 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 State’s 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 City’s security and

infrastructure was responsible for preventing recurrence of such attacks

over the last ten years. By contrast, Delhi City seems to suffer such

7
 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 non-

political 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 Hon’ble court for

security lapses after the May blast. As per media reports, this Hon’ble

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.

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 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 2 nd 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.

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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 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 2 nd

Respondent and other appropriate agencies to meet special

situations including terrorist attacks;

iii) assisting, training and equipping the 2 nd Respondent and its

police and security agencies of the 2 nd Respondent in preparing

themselves for threats such as terrorist attacks, and other

similar threats to Delhi City and people of Delhi;

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 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;

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 Hon’ble 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

11
 the City of Delhi to advise and coordinate the above measures and which

CCC shall function under the supervision of this Hon’ble 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

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

12
 Petition are granted and the petition made absolute that the present

Petition be made absolute.

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 2 nd 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 Hon’ble 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 Hon’ble

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 Hon’ble

Bombay High Court claiming same/ similar reliefs for the city of Mumbai

13
 and the state of Maharashtra and the Hon’ble Bombay High Court was

pleased to pass an order dated 19.12.2008 appointing a Committee. This

was challenged by the State of Maharashtra before the Hon’ble 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 Hon’ble

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

Hon’ble Bombay High Court.

Copies of the order dated 19.12.2008 passed by Hon’ble Bombay High

Court, additional affidavit dated 20.10.2010 filed by State of

Maharashtra and the Order dated 18.08.2011 passed by Hon’ble

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) The Petitioner has paid a fixed court fee of Rs.500/-.

29) 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 Hon’ble Court be pleased to issue a writ

of mandamus or a writ in the nature of

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 mandamus or any other appropriate writ,

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 Hon’ble 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 Hon’ble 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 of the measures and action

taken, if any, for the establishment of any

special, elite or rapid action force

(including the Quick Response Team

and/or a State Security Guard on the lines

of the NSG) or any counter terrorism

measures;

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(c) that this Hon’ble 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 situations

including terrorist attacks, in a time bound

manner;

iv. to assist, train and equip the 2nd

Respondent and its police and security

agencies of the 2nd Respondent in

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 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 Hon’ble 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 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

17
 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 in the City, and other

physical, technological and 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 Hon’ble

Court do:

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 Hon’ble Court and

further such CCC do comprise people of

impeccable integrity, competence and

reputation including retired persons from

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 the judiciary, armed or police forces,

reputed civilians, professionals,

businessmen/ chambers of commerce,

trade unions and intellectuals from the City

of Delhi;

ii) such CCC be required to coordinate and

work closely with the Respondents and to

report the progress from time to time to

this Hon’ble Court;

f. that this Hon’ble 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 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.

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 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 Hon’ble

Court may deem fit as the circumstances of the

case may require;

(i) for costs of the present Petition

Dated this day of September 2011.

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

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 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

EXTRAORDINARY CIVIL WRIT JURISDICTION UNDER ARTICLE 226

OF THE CONSTITUTION OF INDIA

WRIT PETITION (CIVIL) No. OF 2011

IN THE MATTER OF :

A PUBLIC INTEREST LITIGATION

The Society of Indian Law Firms … Petitioner

Versus

Union of India and Anr. … Respondents

AFFIDAVIT

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. I have filed the present petition as a Public Interest Litigation.

3. 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-gain or gain of any person,

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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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