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 Defence

2. The Government of NCT of Delhi, through the Chief Secretary, Home Secretary and Commissioner of Police

...Respondent No. 1

…Respondent No.2

2

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

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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

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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 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.

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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.

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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.

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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

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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 State’s core obligation to defend the lives of

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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

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

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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.

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

9

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.

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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 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

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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;

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

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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 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

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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.

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 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.

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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 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.

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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 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

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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;

(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.

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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 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

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‘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

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

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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 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

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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.

g. that pending the hearing and final disposal

of the Petition interim and ad-interim reliefs

in terms of prayer (e) to (f);

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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-

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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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