Gauhati High Court Stays Shifting Of District Court's Prosecution Cell, Asks Govt To First Refurbish The Allocated Building

The Gauhati High Court has stayed the shifting of Lunglei District Court's Prosecution Call to a building of the Commerce and Industries Department allocated for District Court's expansion, on being informed that it is yet to be refurbished as per Court's needs.

The building was being utilized by the Zonal Geology and Mining office. Bar Association has entered into two rooms of the building but as of now neither proper Lock-up facility has been constructed, nor has any room been allotted to the Prosecution Branch, High Court was informed.

Thus, division bench of the Chief Justice Sandeep Mehta and Justice Michael Zothankhuma has ordered the Mizoram Government to provide proper funds for the construction/renovation works required for a fully functional District Court complex.

Meanwhile, it has stayed an order issued by the Deputy Commissioner directing immediate shifting of Prosecution Branch, including the Lock-ups. The offices are currently housed in the first basement of the Deputy Commissioner’s office.

The bench was hearing a suo moto PIL registered on the basis of a representation dated October 12, 2023 submitted by the President, Mizoram Bar Association.

The bench observed that the said order was passed on the premise that the building of the Commerce and Industries Department, has been handed over to the District Court, Lunglei since September 27, 2023. However, possession of the said building has till date not been fully handed over to the District Court, Lunglei.

The Advocate General of Mizoram, D. Das submitted before the Court that in order to facilitate construction/expansion of the District Court building, Lunglei, the Council of Ministers of the State of Mizoram, in its meeting dated November 22, 2022 had approved the proposal for allotment of the land and building of the Commerce and Industries Department, Lunglei to the District Court.

The bench was apprised that the Deputy Commissioner, Lunglei has issued a “Certificate of Land Availability” certifying that 513.84 sq. metres of land is available within the District Commissioner’s office complex for construction/expansion of the District Court building, Lunglei.

The AG assured the Court that efforts are underway to ensure that the fully vacant building, which has been allotted for construction/expansion of the District Court, will be refurbished so as to meet the requirements of the District Court at the earliest.

“In view of the facts noted above, we hereby request Mr. Das, learned Advocate General, Mizoram to ensure that the vacant possession of the entire building allotted to the District Court, Lunglei by the Council of Ministers of State of Mizoram is handed over to the District Judge, Lunglei, within a period not later than 45(forty five) days from today. The Government of Mizoram shall also provide proper funds for the construction/renovation works required for a fully functional District Court complex,” the Court said.

The Court further directed that the effect and operation of the order dated October 06, 2023 to the extent that a direction was given to vacate the Prosecution Branch/Cell of the District Court including the Lock-ups, shall remain stayed.

Case Name: XXX v. In Re-The State of Mizoram & Ors.

Case No.: PIL(Suo Moto)/7/2023

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