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Synopsis

The Delhi High Court, recently, held that the expectation that bomb threats can be completely eradicated reflects an idealism that is out of step with the realities of the modern world. The court made these observations in a petition filed by Arpit Bhargava seeking directions against the government to formulate adequate guidelines to address situations of bomb threats and similar disasters in order to ensure the safety and security of children, teachers, staff, and other stakeholders of schools in Delhi.

The bench of Justice Sanjeev Narula highlighted the need for a deterrent approach, urging authorities to hold perpetrators accountable to instill public confidence and prevent future threats. The court also reiterated that formulating SOPs and action plans was a matter best left to the executive branch, as it required deliberation and collaboration among various stakeholders.  

“Such operational strategies are best left to the wisdom of the executive, as directing such modalities falls outside the Court’s remit”, the court added. 

The petitioner, a parent of a school-going child in Delhi, expressed concern over the authorities' alleged inaction and negligence in addressing recurring bomb threat emails targeting various schools. Advocate Beenashaw N. Soni, representing the petitioner, highlighted a distressing incident on April 26, 2024, when a bomb threat caused panic in their child’s school, and argued that such incidents caused severe trauma, anxiety, and disruption for students and their families.  

The court noted that while law enforcement agencies had presented draft action plans and status reports, including a proposed response plan, these measures lacked substantive implementation. “However, it is imperative that these measures are finalized and implemented promptly, rather than remaining confined to a conceptual or deliberative stage”, the court emphasized. 

The petitioner also expressed dissatisfaction with the inadequacy of these efforts, citing an incident on May 1, 2024, when 200 schools received simultaneous bomb threats, leading to widespread panic.  

The court acknowledged the petitioner's concerns about the safety of schools and the recurring nature of such threats. However, it emphasized that completely eradicating such incidents was unrealistic due to the complexities of modern technology, such as the use of the dark web and VPNs.  

After deliberation, the court issued specific directives aimed at addressing the issue comprehensively:  

• Comprehensive Action Plan: Respondents Nos. 1 and 2 were directed to develop a detailed action plan, including an SOP for bomb threats and emergencies, delineating the roles of law enforcement, school authorities, and municipal bodies.  
• Stakeholder Consultation: The action plan was to be finalized in consultation with relevant stakeholders, including school representatives, law enforcement agencies, and municipal authorities.  
• Petitioner’s Representation: The petitioner was permitted to submit detailed suggestions or highlight gaps in the measures for consideration by the authorities during the finalization of the plan.  
• Dissemination and Training: The finalized action plan and SOP were to be shared with all concerned parties, with regular training sessions conducted for school staff, students, and stakeholders to ensure preparedness.  
• Grievance Redressal Mechanism: A mechanism was to be established to address concerns raised by affected stakeholders, and the action plan was to be periodically reviewed and updated based on feedback.  

The court directed that these measures be implemented within eight weeks to ensure timely action. By issuing these directives, the court sought to balance immediate safety concerns with the need for long-term, sustainable solutions to address threats to schools in Delhi.  

For Petitioner: Advocates Beenashaw N. Soni, Hina Bhargava, Sania Yusuf, Sarthak Sharma and Pankaj
For Respondent: Advocates Kamal Gupta, Sparsh Aggarwal, Yosha Dutt and Rashi Agarwal
Case Title: Arpit Bhargava v Govt (2024:DHC:8903)