Guns & bottles hcs must not hear matters best left to govts

Guns & bottles hcs must not hear matters best left to govts

Surely, decisions on providing special security and bar closing times are best left to the executive. Punjab and Haryana high court’s poser – following an opposition neta’s petition – to explain security cover withdrawals saw Punjab government claiming the Operation Blue Star anniversary temporarily required extra personnel. Meanwhile, Delhi HC is examining Delhi government’s decision to allow restobars to stay open till 3am – mind you NCR cities follow similar policies.

Granting and withdrawal of security are executive decisions that should be solely based on threat perceptions. In 2019 GoI took the Gandhi family out of SPG protection by amending the law. Many states also grant undeserving people security cover based on political preferences. Every contentious decision is potential litigation but HCs, with 59 lakh pending cases, must be selective about what they hear. Without compelling reasons, the constitutional separation of powers should be adhered to. Courts can’t say they have to hear such matters – they should say it’s not their job.

The result of such hearings is often farcical. Taken to court, the Punjab government came up with the excuse of the Blue Star anniversary. The fact is it was a decision made by a newly elected government. And while the death of a singer with reduced security cover made headlines and enthused the state opposition, the remit remains the state government’s and nothing useful will come out of court hearings – but sweeping orders may have perverse consequences. Take the Delhi bars matter. In neighbouring Gurgaon restobars can be open till 8am and in Noida till 4am. In Delhi, the closing time extension to 3am from 1am faced police objections. But that’s between the Delhi police and the Delhi government. Courts shouldn’t play arbiter. Delhi’s governance is already wound up in state government versus Centre (and LG) disputes. It doesn’t need another player to compound matters.