The directive came in response to two PILs filed in the wake of the November 26 attacks in the metropolis that killed 171 persons and injured over 300.

While one PIL filed by a city-based advocate V P Patil seeks action against top bureaucrats and politicians for their “negligence” in doing their jobs, and in letting the attacks take place, the other filed by Society for Indian Law Firms (SILF) asks for implementation of reforms like the Quick Response Team and other constructive measures to safeguard the city from future terrorist attacks.

A division bench headed by Chief Justice Swatanter Kumar asked the government on whether right to live with safety is part of fundamental right?

“Please examine whether constitutional rights to life also cover right to live with safety and a sense of security,” the court said. In an apparent reference to media coverage of the terror strikes, the Chief Justice said exposition of security plan by ‘media’ had gone too far. It would be an issue to be examined in one of the PILs, he said.

The court has also asked the petitioners to make the Bombay Chamber of Commerce as party respondent to the petition.

Senior counsel Iqbal Chagla, who appeared for the SILF, submitted that this is not a time to delve into the past, nor to point fingers but to safeguard the city in a constructive manner. He stated that the chief minister had already announced constitution of State Security Council, which meets SILF’s demand for a citizen’s committee.

Chagla said that Justice B N Srikrishna be made the chairman of the council — he was agreeable — and suggested names of a few others who could be its members. It includes Javed Akhatar, Shabana Azmi, Jamshed Kanga, former Army Chief V P Malik, Julio Rebeiro and others.

Chief Justice said that to be effective, such a council should have people holding official positions with the government. While Patil’s PIL alleges that there was a systemic failure which allowed the terror attacks to happen, the society of law firms is pressing for setting up of a citizens committee to tackle the menace of terrorism.

PIL by SILF has sought that recommendations of National Police Commission and McKinsey report on police reforms be implemented. There have been 10 terror attacks in Mumbai since 1993 serial blasts, SILF has said, pointing out that the city of New York, on the other hand, has not witnessed a single attack after 9/11 incident.

Patil’s PIL also seeks inquiry commission to probe security lapses. It seeks action against national security advisor M K Narayanan too. The court, however, refused to issue notices to individuals.