Justice Sanjeev Narula observed that hoax threats, particularly those perpetrated through sophisticated methods such as the dark web and VPNs, are not unique to Delhi or even India and they are a global problem which continues to challenge the law enforcement agencies worldwide.
The high court passed several directions to the authorities and disposed of a petition raising serious concerns over the alleged inaction and negligent approach of the Delhi government and Delhi Police in addressing the recurring bomb threat emails received by various schools across the city.
Petitioner and lawyer Arpit Bhargava, represented by advocate Beenashaw N Soni, said the failure of the authorities to take adequate and timely measures has jeopardised the safety and security of children, teachers, staff, and other stakeholders in these educational institutions. The court said the petitioner's expectation that such threats can be entirely eradicated reflects an idealism that is out of step with the realities of the modern world.
"Moreover, law enforcement agencies are tasked not only with investigating incidents but also with anticipating and staying ahead of emerging threats - a formidable challenge in today's digital age. "While there is no doubt that agencies must endeavour to track down and hold perpetrators accountable to the full extent of the law, expecting a foolproof mechanism to entirely prevent such threats is both unrealistic and impractical," it said.
The court said the authorities must brace themselves to address the evolving challenges posed by such threats, particularly in the digital age, where anonymity emboldens perpetrators. "Respondents no. 1 and 2 must focus on deterrence by demonstrating that such acts will not go unpunished, thereby sending a clear message to potential offenders that their actions will have serious consequences.
"It would reinforce public confidence and dissuade others from engaging in such activities," the high court said. It however, reiterated that such operational strategies are best left to the wisdom of the executive as directing such modalities falls outside the court's remit.
Justice Narula observed that the Delhi Government has already taken initial steps to address these concerns but it is imperative that such measures are finalised and implemented promptly, rather than remaining confined to a conceptual or deliberative stage.
"The respondents must formulate an effective strategy to address bomb threats and prevent potential disasters, in consultation with all relevant stakeholders and through coordinated efforts between various agencies, including law enforcement, municipal authorities, and representative bodies of school administrations,” the court said.
The court asked the authorities to develop a comprehensive action plan, which shall include a detailed SOP for addressing bomb threats and related emergencies. It said the action plan, encompassing the SOP, shall be finalised by the authorities in consultation with all relevant stakeholders, including representatives from schools, law enforcement agencies, concerned municipal authorities and other state departments.
The court permitted the petitioner, who has raised valid concerns, to submit a detailed representation to the authorities which shall be considered by them while finalising the action plan and SOP. The finalised action plan and SOP shall be disseminated among all parties concerned, it said, adding that regular training sessions be also given to school staff, students and other stakeholders for effective implementation.
The Delhi Police had earlier told the court that there were a total of five bomb disposal squads (BDS) and 18 bomb detection teams for over 4,600 schools here. In its status report, the police had stated they had issued guidelines last year to deal with bomb threats to schools and an order deputing nodal officers for deployment of BDS in case of a bomb threat has also been issued.
It said 120 mock drills were conducted in schools between January 1, 2023 and May 6 this year. Initially, the petitioner had filed the petition in 2023 in the wake of a hoax bomb threat to the Delhi Public School (DPS), Mathura Road.
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