Centre Will Look Into Problems Related To Space Constraints In Supreme Court : Solicitor General In Plea For Judicial Vista

"Something has to be done, it can't be done overnight. Planning has to be done, And that only the Government can do", the Supreme Court said on Tuesday while considering a petition filed by a lawyer seeking directions for the construction of a "Judicial Vista" near the Supreme Court for better working conditions.

A Bench comprising Justices Vineet Saran and JK Maheshwari recorded the statement of the Solicitor General Tushar Mehta appearing for Union of India that problems pointed out can be looked into by Central Government in consultation with the Registry and the petitioner.

The Bench therefore asked the Senior Advocates V Giri appearing for the Supreme Court Registry to coordinate with the Solicitor General and apprise him of problems which need to be resolved. The court will hear the matter next on 21st July.

The petition filed by has Advocate Ardhendumauli Kumar Prasad sought for the construction of a "Judicial Vista" at the land adjoining the Supreme Court saying that the present court premises are overcrowded and facilities are insufficient to cater to the needs of increasing number of lawyers, staff and litigants. The plea also sought for the setting up of an independent authority to deal with judicial infrastructure in the country.

The Bench had yesterday asked the Solicitor General to appear and explain the Union Government's stand in the present matter. 

During the hearing today, the Solicitor General Tushar Mehta at the outset submitted that he is in contact with the government in relation to the present issue.

"I am in contact with the Government, such decisions can't be taken immediately. Please have it after 4 weeks while keeping it pending", the SG said.

The Bench then observed that it has already clarified that it won't be issuing directions in this matter, and the Government can start making a plan in this regard. 

"Yesterday we said no directions, it is a matter in which the government should take a decision on its own. You can plan for it, not in one month or 3 months or so, a starting of planning can be taken up", Justice Saran said.

The SG agreed that a problem exists and a comprehensive solution to problem can be worked on.

"Yes and problem is there. It is not for court to solve the problem. Its for court to guide but you've to solve the problem", Justice Saran said.

While saying that the situation in the court is 'horrible' especially for senior lawyers, the Solicitor General stated that there's no adversarial approach at all in the present matter as they themselves suffer the problem.

"Yes we don't move around in corridors, it's horrible. Something has to be done, it can't be done overnight. Planning has to be done, And that only the Government can do", Justice Saran said.

"But at least it has to be given a thought. That's why yesterday we requested SG to be here. You need 4 weeks We'll have it in July. Passing a direction is not a solution, it has to be thought out", Justice Saran said.

The Bench therefore recorded in the order : "The Solicitor General appeared for Union of India and has made a statement that problems pointed out can be looked into by Central Government in consultation with the Registry and the petitioner. Sr Adv Giri appearing for the Supreme Court Registry may coordinate with SG and apprise him of problems which need to be resolved. List on 20th July."

It has been argued in the petition that the infrastructure that is available at the Supreme Court is disproportionate to the growth of the court in terms of number of Judges, the Registry, the bar and most importantly the volume of cases.

The plea also states that as per the details available on the website of the Ministry of Law and Justice, while there is sanctioned strength of 24291 Judicial officers in the country, there are only 20115 Court Halls available, only 17705 residential units for the Judges of Subordinate Judiciary.

Prasad, who happens to be incumbent SCBA Secretary, stated that Judicial Vista would ensure meeting the needs of the Court, Registry, Bar and the Litigants since it would result in construction of large Multi Level Complex having Court Rooms, around 50,000 chambers for Senior Advocates, AOR's, substantial space for various Officers of Sections and Staff f the Registry, adequate medical facilities etc

Case Title: Ardhendumauli Kumar Prasad v. The Supreme Court Of India & Ors| WP (Civil) 1245 of 2021