Judgment S. K. Sharma, J.-Following news item published in daily news paper Rajasthan Patrika of February ,d ;k=h fjokYoj lfgr ;k=k djus ds iz;kl ds jku lqnkSj{kkdfeZ;kas qfyl dks pdek nsdj ogka ls x;kA iqfyl dqN le> ikrh blls igys gh og ;k=h tsV ,;jost dh mlh mM+ku ls eqEcbZ igqap pqdk FkkA iqfyl ,oa gokbZ vM~Mk lw=kas ds vuqlkj eqEcbZ fuoklh vCnqy jghe dk fVdV tsV ,;josj&eqEcbZ t dh t;iqa cqd FkkA gokbZ vM~Ms ij lqmM+ku esj{kkdfeZ;kas us jghe dh rykkh yh rks mlds ikl ykblsal o Ng dkjrwlksa ls Hkjk csfYt;e fufeZr fjokYoj feykA lqj{kkdfeZ;kas us ykbZlsal ns[kk rks og fnlEcj 1999 ds ckn uohuhdj.k j{kkdfeZ;kas us mls tsV ,;josa ds lqdjok;k gqvk ugha FkkA lqt ds vf /kdkfj;ksiqnZ dj fn;kA vf /kdkjh mls Fkkus sys vk;A iqfyl mlls dqN iqNrkN djus yxh rks jghe us dkjrwl] fjokYoj o ykbZlsal ds lkFk ,d izkFkZuk i= ogka j[k NksM+k vkSj FkksM+ h nsj esa vkus dh ckr dgdj ogka ls f [kld fy;kA iqfyl ds vuqlkj FkksMh nsj bUrtkj ds ckn jghe dks vkl&ikl rykk fd;k x;k rks og ugha feykA iqfyl Vksyh mldk irk yxkus gokbZ vM~Ms xbZ rks tkudkjh feyh dh tsV ,;jost dh mlh mM+ku ls jghe eqEcbZ tk pqdk gSA iqfyl us eqEcbZ esa mlds irs ij rgdhdkr dh rks og lEHkzkUr ukxfjd fudykA iqfyl us kL= vf /kfu;e ds rgr ekeyk ntZ fd;k gSAß 2. This Court took suo motu congnisance of the incident and passed order on February 10, 2000 thus-"We are extremely perturbed at the news item published in daily newspaper Rajasthan Patrika dated 01.02.2000 on front page indicating serious security lapses at Sanganer Air-port Jaipur wherein passenger after he was detained alongwith revolver and was sent to Police Station Sanganer, was yet able to board the same flight which reached him to Mumbai. Aforesaid, incidence indicates serious security lapses of the security staff of Sanganer Air-port Jaipur and also the police officials of the Sanganer-Police Station. We, therefore, deem if fit to treat the news item as public interest petition and direct it to be registered as such. The news item published in Rajasthan Patrika dated 10.02.2000 shall be treated as a petition. The notices be issued to the Chief Security Officer Sanganer Air-port Jaipur, to the Secretary Home Department. We, therefore, deem if fit to treat the news item as public interest petition and direct it to be registered as such. The news item published in Rajasthan Patrika dated 10.02.2000 shall be treated as a petition. The notices be issued to the Chief Security Officer Sanganer Air-port Jaipur, to the Secretary Home Department. State of Rajasthan and Director General of Police Rajasthan, Jaipur to show cause as to how such a security lapse was permitted which affects the general public travelling in the flights and as to what preventive measure they propose to take in the Air-port Security matter. Photo-copy of the news item be annexed with the notice to be issued. Notices be made returnable within a period of ten days." 3. The respondents appeared and submitted written statements. 4. If the terrorist attack on Parliament on December 13, 2001 is to be a real though late wake up call in the national interest the Legislature needs to carry greater credibility on its concern for Indias total security be more disciplined the productive behaviour. There should be strict discipline in conformity to security check regulations with no exhibition of VIP egos with security staff . The Central and State Government must have strong security policies and mechanism actually functioning. Since Indias security stratgies are not confined to military, police and secretariat aspects, there should be clear and effective national strategies for food and nutrition security, for the human development index security, for power security for telecoms security and for specific security measures beyond legislatures and VIP residences at critical nuclear and oil installations, stock exchanges, scientific research institutions, airports and ports. 5. It is time a broad all inclusive and in-depth study of the functioning and performance of the community was undertaken and cohesive security set-up instituted to meet the existing and emerging threats both conventional and non-conventional. .6. The role of intelligence in all security concerns is well understood and often alluded to its failure as cause for some serious incident though now many view it as a safety valve to protect an administration against exploding public resentment. What are the causes of failure? Experts have identified a few. .6. The role of intelligence in all security concerns is well understood and often alluded to its failure as cause for some serious incident though now many view it as a safety valve to protect an administration against exploding public resentment. What are the causes of failure? Experts have identified a few. They are- .(i) policy failures-either in the definition of the problem or the rejection of the formulation, .(ii) oversight and supervision of the sources, methods and analytical process, .(iii) excessive dependence on technical intelligence at the cost of human intelligence, .(iv) lack of coordination and publication of efforts and wastage of resources, .(v) mental or mind block of the powers connected with the agencies and failure in tasking the community, .(vi) lack of accountability, especially in evaluation, enforcing and effectiveness in nurturing the foot soldiers of the agency and. .(vii) the analytical acumen. .7. In India, unlike in the U.S. Security concerns are manifold. In addition to external threat from neighbours, we have the problems of religious fundamentalism, insurgency inspired by ethnic and linguistic chauvinism and terrorist acts indulged in by mafia, narcotic and other smugglers. All these have a vast and cursing impact on the security of the country. In order to meet the existing and emerging threats following suggestions may be attempted- .(i) There should be a clear cut and well though out National Security Policy, instead of the piece-meal chasing of the ghosts of the past. .(ii) A mechanism to task the agencies in this regard with proper powers of oversight. It may be an individual or a committee directly under the Honble Prime Minister. .(iii) A single individual to oversee the functioning of the intelligence community, both uniformed and ununiformed with authority to demand the cooperation of services of the State units, despite the colour of the State Governments. .(iv) Procedures to avoid duplication and waste of resources. .8. A bare look at circular No. 12/2002 dated May 01, 2002 issued by the Bureau of Civil Aviation Security, Ministry of Civil Aviation, Government of India, New Delhi, demonstrates that following. VVIP/VIPs have been exempted from the pre-embarkation security checks at Civil airports in the country- 1. President 2. Vice President 3. Prime Minister 4.Former Presidents 5. Speaker of Lok Sabha 6. Chief Justice of India 7. Judges of Supreme Court 8. Union Minister of Cabinet Rank 9. Governors of States 10. Lt. VVIP/VIPs have been exempted from the pre-embarkation security checks at Civil airports in the country- 1. President 2. Vice President 3. Prime Minister 4.Former Presidents 5. Speaker of Lok Sabha 6. Chief Justice of India 7. Judges of Supreme Court 8. Union Minister of Cabinet Rank 9. Governors of States 10. Lt. Governors of Union Territories. 10.11. Chief Ministers of States and Union Territories 112. Ambassadors of foreign countries, charge D Affairs and High Commissioners and their spouses. 113. Cabinet Secretary 114. Visiting foreign dignitaries of the same status as at SI. No. 1 to 3, 5, 6, 8 to 10 above 115. SPG Protectees." It has further been mentioned in the circular that except the categories specified above, all other categories of passengers travelling by air through the civilian airports in the country are to be subjected to pre-embarkation security checks without making any exception in any particular case. 9. Registrar General of this Court vide letter dated September 16, 2002 requested the Secretary Ministry of Civil Aviation to amend the Circular and to include the Chief Justice in the list of persons exempted from pre-embarkation security checks. Under Secretary to the Government of India Ministry of Civil Aviation gave reply vide letter dated March 24, 2003 thus- "The matter has been examined in consultation with the Bureau of Civil Aviation Security. The existing list of VVIP/VIPs exempted from pre-embarkation security checks is finalised with the approval of Ministry of Home Affairs. The list is kept to the bare minimum in view of the ever increasing threat perception. It is, therefore, regretted that your request cannot be acceded to." 10. In not including the Chief Justice and Judges of the High Court in the list of persons exempted from pre-embarkation security checks, the Departments of Civil Aviation and Home Affairs have failed to maintain the status of the Chief Justice and the Judges of the High Court. Their Lordships of the Supreme Court in T.N. Seshan vs. Union of India, 1995(4) SCC 611 , indicated thus-(Para 34) ".......Maintenance of the status of Judges of the Supreme Court and the High Courts is highly desirable in the national interest. Their Lordships of the Supreme Court in T.N. Seshan vs. Union of India, 1995(4) SCC 611 , indicated thus-(Para 34) ".......Maintenance of the status of Judges of the Supreme Court and the High Courts is highly desirable in the national interest. We mention this because of late we find that even personal belonging to other fora claim equation with High Court and Supreme Court Judges merely because certain jurisdiction earlier exercised by those Courts are transferred to them not realising the distinction between constitutional and statutory functionaries. We would like to impress upon the Government that it should not confer equivalence or interfere with the Warrant of Precedence, if it likely to affect the position of High Court or Supreme Court Judges, however, pressing the demand may be, without first seeking the views of the Chief Justice of India." (Emphasis supplied) 11. Department of Civil Aviation prominently displays the list of persons exempted from pre-embarkation security checks at all the airports to make aware the people of this great country that Cabinet Secretary enjoys much higher status in comparison to Chief Justices and the Judges of the High Court. Circular of exemption also makes the people believe that pre-boarding frisking of Chief Justices and Judges of the High Court is very necessary in view of ever increasing terrorist threat perception. If the Chief Justice and Judges of the High Court are not subjected to pre-boarding frisking, national security may be in danger. The Department of Civil Aviation and Home Affairs have evidently failed to realise the distinction between the Constitutional and Statutory functionaries and thus violated the directions issued by the Honble Supreme Court in T.N. Seshan vs. Union of India (Supra). 12. Extra ordinary times require stringent laws. The people of this country do have a need to enforce some restrictions on the perpetrators to protect the country from terrorists. No body howsoever high, is above this great country. We are, therefore, of the opinion that all VVIP/VIPs should submit themselves to pre-embarkation security checks without exhibiting their egos. But if certain VVIP/VIPs are included in the list of the persons exempted from pre-embarkation security then the Constitutional functionaries should be treated at par. The Departments of Civil Aviation and Home Affairs cannot be permitted to discriminate between constitutional and statutory functionaries. 13. But if certain VVIP/VIPs are included in the list of the persons exempted from pre-embarkation security then the Constitutional functionaries should be treated at par. The Departments of Civil Aviation and Home Affairs cannot be permitted to discriminate between constitutional and statutory functionaries. 13. As a result of the above discussion, we direct the Union of India and the Secretaries of Civil Aviation and Home Affairs to include the Chief Justice and the Judges of the High Court in the list of persons exempted from pre-embarkation security checks and amend Circular No. 12/2002 dated May 1, 2002 issued by the Bureau of Civil Aviation Security, Ministry of Civil Aviation Government of India. The Union of India shall ensure compliance of this order within thirty days. Suggestions to formulate National Security Policy incorporated in para 7 of this Judgment shall also not be considered by the concerned authorities. The writ petition stands disposed of accordingly.