"Mere Creation Of Courts Not Sufficient": Allahabad High Court Directs UP Govt. To Comply With Its Directions On Judicial Infrastructure
A 7-Judge Bench of the Allahabad High Court on Thursday expressed its dissatisfaction with the actions taken by the State Government in compliance of the directions issued by it in 2019 on availability of court infrastructure and other amenities.When the matter was heard again last week, the Court noted,"The gap is almost of two years in listing the case. The Court was expecting that all...
A 7-Judge Bench of the Allahabad High Court on Thursday expressed its dissatisfaction with the actions taken by the State Government in compliance of the directions issued by it in 2019 on availability of court infrastructure and other amenities.
When the matter was heard again last week, the Court noted,
"The gap is almost of two years in listing the case. The Court was expecting that all the directions given on 10th May, 2019 must have been complied with, along with submission of reports periodically. The State Government has failed to submit periodical report as per the directions. It is not that action has not been taken by the Government but are not in full satisfaction rather much is required to be done."
The Court then went on to direct Additional Advocate General Manish Goyal to submit an affidavit before the next date of listing covering all issues on absence of support staff, infrastructure and other amenities highlighting the latest status and schedule for compliance.
The Bench led by Acting Chief Justice Munishwar Nath Bhandari was hearing a suo motu PIL registered way back in 2015.
A detailed order was passed on May 10, 2019 issuing directions for installation of security systems, setting up requisite infrastructure for various tribunals and subordinate courts, providing technical staff and other amenities.
"Each and every court needs necessary court building with all ancillary amenities with required infrastructure. The respondents shall make a complete blueprint for availability of court rooms, chambers, ancillary amenities and residence for Judicial Officers at earliest and present the same before the Committee concerned of the High Court. It is expected that such blueprint shall be filed before the Committee on or before 30th June, 2019", said the order passed in May, 2019.
The State Government was then asked to respond to the directions and submit a progress report periodically.
Although the matter was to be taken up again on July 12, 2019, the same was not possible in absence of the constitution of a Bench.
The Bench on Thursday also noted that the High Court had prepared a status report in reference to all the issues on which action was required to be taken, which should have been prepared by the State Government with a schedule for compliance of the directions.
"To avoid delay, the High Court has supplied a copy of the statement containing not only the issue but latest status. It would facilitate the State Government for immediate action for compliance of the directions. It is required in the larger interest of the judicial functioning for the benefit of the litigants", it added.
It was further found that certain Courts/Tribunals were created but staff, accommodation or the infrastructure for smooth functioning of it had not been provided.
"Mere creation of the Courts and Tribunals would not suffice the purpose unless accommodation with proper infrastructure and staff is provided. The statement prepared by the High Court shows requirement of immediate action on safety measures of the Courts and creation of the posts of support staff for smooth functioning of the High Court as well of the Subordinate Courts", opined the Bench.
The creation of post was immediately required looking at the increase in the number of Courts and Tribunals, held the Bench. It went on to add that in absence of support staff, infrastructure and other amenities, the judicial work of the Subordinate Courts was affected.
The required accommodation for the Court and residence for the Judicial Officers has not been provided, it added.
With these observations, the State Government has been asked to comply the directions at the earliest and in the meanwhile come up with an appropriate decision to provide suitable accommodation for Court functioning and residential accommodation to the Judicial Officers in the districts where it does not exist.
The matter has now been listed on September 1, 2021 at 10.00 am.
On the next date, the concerned officers have also been directed to remain present along so that issues may take a concrete shape.
The AAG has been directed to convey the order to the concerned officers for their presence along with the record.
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