Judge says cops on court duty 'unarmed', flags security concerns

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A Delhi court flagged the issue of prosecution naib courts or cops on court duty attending the courts "unarmed" despite circulars issued by police and cognizance taken by the Supreme Court of security threat to trial court judges.

A naib court is a policeman who acts as a liaison between local police station, jail authorities, and the court having the jurisdiction of a particular area. They maintain the register of summons issued or directions given to police officials connected to a case to ensure compliance of the court's orders.

Additional Sessions Judge Sonu Agnihotri made the remarks after noting that the prosecution naib court left the court premises without permission. On being inquired, he told the judge that he was not the personal security officer (PSO) of the court and that his duty ends with the additional public prosecutor.

"The attitude of the prosecution naib court seems to be strange as till the court is functioning, there can be any requirement of services of like delivery of any urgent order, etc. He has left the court," the judge noted in an order dated November 24.

He added, "Let charter of duties of prosecution Naib Court be called and let it be clarified as to whether prosecution Naib Courts are required to be present till

Court is functioning, as functioning in a Criminal Court has its own security requirements particularly in the scenario when Supreme Court has also taken cognizance of security threat to Trial Court Judges. It is further pertinent to mention that despite earlier circulars issued by Police Department, prosecution Naib Courts attend Court unarmed."

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The sessions judge sought a report from the Delhi Police Commissioner and Deputy Commissioner of Police (South East) in this regard and kept the matter for December 8.

Besides this, the judge also noted that two of his orders, on which the police commissioner's explanation was sought, were not sent to him, but rather to the DCP and directed the top cop to make an inquiry against the delinquent officials.

"It appears that police officials of South-East district are not only failing to do their duties, but conscious effort is being made to not allow orders of this court to reach in the knowledge of superior authorities of Delhi Police," he noted.

These directions were issued while dismissing an anticipatory bail plea of a man accused of stalking a girl after their breakup and creating various social media accounts to post her photos in order to defame her.

Denying relief to the accused, the judge noted, "Allegations against accused are serious. Accused is stated to be following complainant not only on social media, but is also trying to interfere in her life by sending cakes to complainant."

"E-mails written by accused to complainant clearly show intent of accused to defame complainant. No ground is made out to grant anticipatory bail. Anticipatory bail application of accused Himanshu Kumar is therefore dismissed," ASJ Agnihotri added

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