Comply With The Directions For Judicial Infrastructure, Mere Creation Of Courts Not Sufficient: Allahabad HC

FACTS OF THE CASE

• On 10th May 2019, a detailed order was released which provided directions for installing security systems, setting up requisite infrastructure for various tribunals and subordinate courts, providing technical staff and other necessary amenities.
• That order had mentioned that each court must have all ancillary amenities with required infrastructure. A complete blueprint must be made by the respondent specifying the availability of court rooms, chambers, ancillary amenities and residence for Judicial Officers at earliest and present the it before the Committee concerned of the High Court.
• The court order to submit the blueprint on or before 30th June, 2019 was also released.
• The State Government was asked to respond to the directions and submit a progress report periodically.
• The matter was again heard on 12 July, 2019, but no progress was made.

REMARKS ON HIGH COURT ORDER

• The suo moto PIL of 2015 was heard by a bench, led by Acting Chief Justice Munishwar Nath Bhandari.
• The bench observed that a status report was prepared by the High Court including all the issues on which action was required to be taken, for the State Government to compel with the directions.
• The High Court had also provided a copy of the statement containing the issue and the latest status, to avoid further delay and keeping in mind the larger interest of the judicial functioning for the benefit of the litigants.

APEX COURT ORDER

• The matter was again heard in August, 2021.
• Looking at the incompetence of the State Government in acting according to the Court’s direction, a 7-Judge Bench of the Allahabad High Court on Thursday expressed its dissatisfaction.
• The Court noted that it’s been almost two years and the State Government has failed to submit periodical report as per the directions. Although actions were taken by the State Government but they are not satisfactory.
• The Court further directed Additional Advocate General Manish Goyal to submit an affidavit, which must cover all the issues on the lack of support staff, infrastructure and other necessary amenities which highlighted the latest status and schedule, before the next date of listing.
• The Court in its findings found that Courts/Tribunals were created but staff, accommodation or the infrastructure required for smooth functioning of it had not been provided.
• The bench opined that the mere creation of the Courts and Tribunals does not fulfil the purpose unless accommodation with proper infrastructure and staff is provided.
• It added that in the absence of support staff, infrastructure and other amenities, the judicial work of the Subordinate Courts was getting highly affected.
• Looking at these observations, the State Government was asked to comply with the directions at the earliest and simultaneously come up with an appropriate decision to provide suitable accommodation for Court’s functioning and residential accommodation to the Judicial Officers.
• The matter will be now heard on September 1, 2021 at 10.00 am.

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