D.Y.CHANDRACHUD,J. - (1.) A Division Bench of the Rajasthan High Court by its judgment dated 13 May 2005 issued a direction to the Union Government and to its Secretaries in the Ministries of Civil Aviation and Home Affairs "to include the Chief Justices and the judges of the High Court in the list of persons exempted from pre-embarkation security checks" at airports and to amend a circular dated 1 May 2002 1 of the Bureau of Civil Aviation Security (BCAS). This exercise was directed to be 1 Circular 12 of 2002 completed within thirty days. The High Court has directed that certain suggestions formulated by it for laying down a 'National Security Policy' should be considered by the Union government. The Union of India moved this Court under Article 136 of the Constitution. Leave has been granted on 20 January 2006, and the judgment of the High Court was stayed.
(2.) The case before the High Court arose from a report that was published in the daily edition of the Rajasthan Patrika on 10 February 2000, of a breach of security which took place at Sanganer Airport, Jaipur. On 8 February 2000, a person who was to board a flight to Mumbai was detained by airport security staff for carrying a revolver with six live cartridges. He possessed an arms license which had expired. After the passenger was apprehended he was sent to Sanganer police station where the revolver and live cartridges were seized and a First Information Report under the Arms Act was lodged. The passenger left the police station and after dodging the duty officer, boarded the aircraft destined for Mumbai. He was prosecuted for a violation of Sections 21 and 13 of the Arms Act and was eventually convicted by the Civil Judge and Judicial Magistrate of the first class at Sanganer and sentenced to a fine of rupees one thousand. The accused paid the fine and, as the Additional Superintendent of Police, Immigration states before this Court, the revolver and live cartridges were released. So much for security.
(3.) The Rajasthan High Court took suo moto cognizance of the news report and a public interest petition was registered. During the course of the hearing, the Division Bench directed the Chief Security Officer of the airport, the Secretary to the Home Department and the Director General of Police to show cause how a security lapse had occurred.;