Judicial Infrastructure Development In Bihar: Patna High Court Seeks Compliance Report From State Govt

Dealing with a plea filed highlighting the apathy on the part of the State in providing basic infrastructure and facilities for the advocates practicing in various courts within the State of Bihar, the Patna High Court has sought a compliance report from the State Government over Judicial Infra development in the state.

The Bench of Chief Justice Sanjay Karol and Justice S. Kumar however, observed in its order that it was confining the scope of the plea only to the infrastructural needs; well-being; and welfare of the advocates in the state.

Observations made by the Court

The Court, at the outset, noted that as per various guidelines issued by the Ministry of Law and Justice, Government of India, funds are to be provided both, by the Central as well as the State Government for the development of the Judicial infrastructure in a particular state.

Further, regarding the state infrastructure in Bihar, the Court observed that as per the plea, even when more than 1,20,000 advocates in number are practicing within the State, the condition of the members of the Bar the Sub Divisional Level, is pitiable.

Referring to the plea, the Court noted thus:

"There are no chairs; tables; fans; drinking water facilities; proper toilets, more so for the lady members of the Bar, not to mention that for the Clerks or the litigants. What to talk of electronic infrastructure necessarily required for the functioning of Courts, more so, during the time of Covid19."

Against this backdrop, noting that under the policy for the development of the Judicial Infra, both the Central and the Bihar Government have to provide for the funds in the ratio of 60:40, the Court observed thus:

"...the process of budgetary allocation has already commenced insofar as the Government of India is concerned and would commence soon insofar as the State of Bihar is concerned, we direct the respondents to positively file their response within a period of two weeks from today."

Lastly, listing the matter for further hearing on February 25, 2022, the Court directed the Chief Secretary, Government of Bihar to have the matter examined at his own level and have the affidavit of compliance filed through the affidavit of Respondent No. 4, namely Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.

Case title - Ramakant Sharma v. The State of Bihar & Ors.

Click Here To Read/Download Order