The Supreme Court on Tuesday struck down the Gauhati High Court order mandating round-the-clock deployment of security guards at ATMs to ensure entry of only one person at a time. A bench of Justices B R Gavai and K Vinod Chandran considered the submissions of Solicitor General Tushar Mehta, appearing for some banks, that it was not practical to deploy security guards round-the-clock at all ATMs. "In Assam, we have about 4,000 ATMs. We cannot keep security guards at all ATMs. We have to have CCTVs as a globally recognised system," he said. 

The Supreme Court had put a stay on the instructions of the High Court

Mehta said the apex court had stayed the high court's direction in December 2016. He said the petitioner banks, including the State Bank of India, have no objection in accepting other directions issued by the high court in December 2013 regarding security protocols for smooth functioning of ATMs. The bench allowed the plea and struck down the direction issued by the high court which said, "Security guards should be posted at all ATMs round the clock to ensure that only one customer can enter the ATM premises at a time." 

The High Court had taken suo motu cognizance

The high court had taken suo motu cognizance of a news item published in December 2012 on alleged ATM frauds in which a person was said to have been duped of Rs 35,000. It had issued notices to the Centre and Assam Director General of Police besides Reserve Bank of India and the concerned bank to decide on security measures that can be provided to ATM customers to avoid such incidents. The high court order took note of the affidavit of the Director General of Police filed in May 2013, which suggested an action plan to provide security to ATMs of all banks in the state. The high court had accepted the suggested plan and directed the authorities to ensure its implementation.