Report for theapogee.in by:
Abhishek Srivastava and Shweta Srivastava
Advocates
A seven- Judges bench of Allahabad High Court in Public Interest Litigation (PIL) In Re: Zila Adhivakta Sangh Allahabad has asked the UP Government to comply its earlier direction for smooth functioning of the Courts in the State of UP and in the meanwhile they will come out 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 exists.
The Court observed ‘we find certain courts/tribunals have been created but staff accommodation or the infrastructure for smooth functioning of it has not been provided. Mere creation of the Court and Tribunals would not suffice the purpose unless accommodation with proper infrastructure and staff is provided.’
The Court observed further ‘the statement prepared by the High Court showed requirement of immediate action for safety measures of the Courts and the creation of the posts of the support staff for smooth functioning of the High Court as well as the sub-ordinate courts. The creation of Court is required looking to the increase of the Courts and Tribunals. The matter is pending with the state government for the last more than two years. In absence of support staff, infrastructure and other amenities the judicial work of the subordinate court is affected. The required accommodation for the court and residence of the judicial officers has not been provided.’
The Court’s aforesaid observation has highlighted the apathetic condition of the Subordinate Court and Tribunals in the state. The High Court has taken it seriously with a view to provide basic facilities to the Subordinate Courts and Tribunals whereby people could get justice in time. The Court has listed the case on 01 September 2021 and the concerned officers of the State of UP have been given direction to remain present in the Court.
It is significant to mention here that the High Court has passed detailed order on 10 May 2019 where certain directions were given with schedule for certain direction related to High Court and subordinate Courts. The State Government was required to respond with the direction and submit progress report periodically but even after elapse of more than two years the directions of the Court could not be complied with to the satisfaction of the Court.
The High Court in its aforesaid order had observed earlier ‘having considered the facts stated, we deem it appropriate to direct the authorities competent to satisfy all deficiencies existing in the security system and submit a report of that to the security committee. With regard to security measures for district courts it is expected that the same shall be executed positively on or before 30 June 2019. With regard to the infrastructure that is to be made available to the Land Acquisition Tribunals, Commercial Courts, Narcotics Drugs And Psychotropic Substances Courts and Special Courts under SC-ST (Prevention of Atrocities) Act it is expected that the assurance given in the affidavit shall be implemented as earliest as far as possible on or before 30 June 2019.’
The Court has further observed ‘it is brought to our notice that the department of transport Government of UP has already notified 71 Motor Accident Claim Tribunals as per provisions of Section 165 of the Motor Vehicles Act. It is stated that necessary instructions have also been given to the district infrastructure committees to identify places to make the tribunals functional.’
The High Court has given specific directions to make the aforesaid tribunals functional and has directed the State Government to provide necessary infrastructure. The Court has also given direction to the State Government to make all efforts to make the Gram Nyayalayas functional at the earliest. The State Government was also directed to make a complete blue print for availability of Court rooms, Chambers, ancillary amenities and residence for judicial officers at earliest. However despite the specific direction of the Court the State Government could not provide with necessary infrastructure to make the aforesaid Courts and Tribunals functional as even today most of the Courts in lower rung of judiciary still lacks basic common amenities, consequently smooth functioning of the Court and dispensation of justice is affected and delayed.
Click here to read the order: Public Interest Litigation_15895_2015