ALL INDIA JUDGES ASSOCIATION & ORS. versus UNION OF INDIA & ORS. on 2 August 2018

ORDER

The following Order of the Court was passed :

ORDER

This interlocutory application basically relates to infrastructure ofthe courts especially in subordinate courts. A detailed order was passedon 24.01.2011 which pertained to various projects of court buildings,residential quarters and all other aspects. On 04.04.2011, the followingorder came to be passed:- “By our Order dated 21[st] February, 2011, we had directed Statesof Maharashtra, Gujarat and Uttarakhand to answer five questions,which, for the sake of brevity, are reiterated hereinbelow:

[1] Since when Proposals/Projects are pending and reasons whythey have not been cleared till today?

[2] For how long and why Proposals pending for acquisition ofland have not been cleared by the Collectors?

[3] Why Government lands, which are available, are not beingurgently made available for Court Buildings and ResidentialQuarters?

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[4] What steps are being taken to expeditiously complete Projectswhich are under construction?

[5] How many pending Proposals would receive administrativeand financial sanction during the next Financial Year?

States of Gujarat and Maharashtra have sought time to put intheir response. Request is granted. Hence, four weeks’ time isgranted. No further adjournment will be granted.

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As far as State of Uttrakhand is concerned, we have examinedthe affidavits filed on 1[st] April, 2011. The affidavits are vague.The State of Uttarakhand was required to answer each of theabove five questions project-wise and format-wise but they havenot done so.

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In the circumstances, we direct the State of Uttarakhand tofile a proper detailed and accurate affidavit to the questions posed.In addition, we direct the State to answer those questionsproject-wise and format-wise.

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We may further add that vide Order dated 24[th] January, 2011,we had requested various States, including States of Gujarat,Maharashtra and Uttarakhand, to furnish details of the nature ofthe work, the place at which the project is located as well as theamount to be spent in respect of each of the project. Pursuant tothe said order, we had also forwarded the requisite format in theform of Annexures I and II to all the three States. Since we areadjourning the matter by four weeks, we also direct the States ofUttarakhand, Gujarat and Maharashtra to give details duly filledin the formats Annexures I and II.

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Place the matter on 9[th] May, 2011.”

2. Thereafter, the matter was listed on many an occasion but itstood adjourned. In the meantime, it has been brought to the notice ofthe Court that there has been progress in the field of infrastructureGinasmuch as the court projects (court rooms) have been constructedand other steps have been taken. But there are certain other sphereswhere immediate attention is required so that things are set right.

3. A sound infrastructure is the linchpin of a strong and stablejudicial system. The responsibility for securing justice to the citizenry of H

our country rests upon the judiciary which makes it imperative upon theState to provide the judicial wing the requisite infrastructure commensuratewith the constitutional obligation of the judiciary. It needs to be understoodthat without a robust infrastructure, the judiciary would not be able tofunction at its optimum level and, in turn, would fail to deliver the desiredresults. While emphasizing the importance of judicial infrastructure, theCourt in All India Judges Association and others v. Union of Indiaand others[1]has observed:-

“Justice Delivery System is the bedrock of the rule of law, whichis held to be the basic structure of the Constitution and it is ourview that, in the absence of adequate judicial infrastructure,particularly for the subordinate Courts, it would not be possible tosustain rule of law in this Country. It is true that Courts do notgenerally issue directions in financial matters, however, we are ofthe view that Court fees, costs and fines constitute what is called“Measure” of what is spent on judicial infrastructure. This wouldbe in consonance of doctrine of Reasonableness under theConstitution. Rule of Law assures the citizen of an effective civiland criminal justice system and judicial infrastructure is thecornerstone of justice delivery system without which Rule of lawin this Court would fail.”

[Emphasis supplied]

4. In Brij Mohan Lal v. Union of India and others[2], the Court,while highlighting the infrastructural needs, has said:- “Article 21 of the Constitution of India takes in its sweep the rightto expeditious and fair trial. Even Article 39A of the Constitutionrecognizes the right of citizens to equal justice and free legal aid.To put it simply, it is the constitutional duty of the Government toprovide the citizens of the country with such judicial infrastructureand means of access to Justice so that every person is able toreceive an expeditious, inexpensive and fair trial. The plea offinancial limitations or constraints can hardly be justified as a validexcuse to avoid performance of the constitutional duty of theGovernment, more particularly, when such rights are accepted asbasic and fundamental to the human rights of citizens.”

1(2010) 14 SCC 705

2 (2012) 6 SCC 502

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A5. The aforesaid two verdicts, as is noticeable, lay stress oninfrastructure in the context of Rule of Law, effective civil and criminaljustice system and the constitutional duty of the Government to providethe same and the principle of access to justice that does not accept theexcuse of the Government as regards financial limitation.B6. It has to be firmly borne in mind and accepted as a reality thatraising the infrastructure standards in the court complexes is the need ofthe hour as it is the basic requirement for the courts in the twenty-firstcentury. We are absolutely clear that when people are aware of theirrights, their desire to get the rights realised is enhanced and they wouldlike to knock at the doors of the Court to shape their aspiration intoCreality. It is a welcome phenomenon and conceptually, Rule of Lawnourishes and garners the said idea. The idea of speedy and qualityjustice dispensation system cannot be treated with status quoistapproach, for the definition of infrastructure and the understanding ofthe same in all associated contexts changes with the passage of timeDand introduction of modern technology in many a sphere of life. Theconsumers of justice expect prompt and effective delivery of justice inan atmosphere that is acceptable. Therefore, infrastructure enhancementwill go a long way in strengthening functioning of the court and wouldimprove the productivity in the justice delivery system.

7. Be it noted, a court complex is not just a building. It is theEbuilding of justice which breathes and infuses life into the exalted andsublime ideals of justice. The widening gap between the ideal and thereal and between the vision and the pragmatic realization of justice hasto be bridged by proper access to justice for all.

8. It brings us to the focal point, i.e., judicial infrastructure whichFhas been given relatively low importance, if not long neglected. Thatneeds an overhaul. Apart from the metropolitan cities and State capitals,infrastructure in Courts, especially in the interior parts of the country, isdying out. It would not be wrong to say that some of them are just on theventilator. A decrepit or crumbling court infrastructure inevitably resultsin causing impediment in access to justice. Undeniably, access to justiceGand rule of law is intrinsically linked. No democracy can afford toundermine the core values of rule of law. Thus, strengthening of courtinfrastructure requires immediate attention in the form of planning,enhanced budgeting and structured implementation or execution of theplans. Presently, most of the States are making budgetary provision asHlow as less than 1% of their total budget for the judiciary.

9. In view of the above, we deem it extremely necessary todeclare that it is essential to provide basic infrastructural facilities,amenities, utilities and access oriented features in all Court complexesaround the country as it is axiomatic that infrastructure forms the corefor efficient and efficacious dispensation of speedy and qualitative justice.

10. The court development plan should comprise of threecomponents - a short term (or annual plan); a medium term plan (or afive year plan); and a long term plan (ten year plan). The annual plans soprepared shall be incorporated into the five year plan which, in turn, rollsinto the ten year plan. While focussing on judicial infrastructure, dueregard has to be given to adequate and model court building, furniture,fixture, judges chamber, record/file storage, adequate sitting andrecreation arrangement for staff and officers, sitting/waiting room forlitigants and bar members, latest gadgets and technology. In other words,the core factors in the design of a court complex must reckon - a) optimumworking conditions facilitating increased efficiency of judicial officersand the administrative staff; b) easy access to justice to all andparticularly to the underprivileged, persons with disability, women andsenior citizens; c) safety and security of judges, administrative staff,litigants, witnesses and under-trial prisoners. The court complex mustconsist of:-

I.COURT BUILDING

· Court rooms

· Judges’ chambers

· Judges’ residential complex

· Litigants’ waiting area

· Administrative offices

· Conference Hall/Meeting Room

· Video conferencing rooms

· Mediation centre/Legal Services Authority · Common rooms for male/female staff · Staff canteen · De-stress rooms for male /female staff ·Office space for Government pleader/Public prosecutor/Advocate General/Standing Counsel for Union of India withseparate cubicles for conducting conferences and including spacefor accommodating their Secretarial staff and files · Support facilities like ramp, crèche, etc.

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AII. SPACE FOR LAWYERS/LITIGANTS

·Bar rooms for ladies and gents

·Consultation rooms and cubicles

·Stamp vendors and notary public/oath commissioner/typist/photocopy/business centreB·

·Library

·Canteen for lawyers and litigants

·Facilitation counter for litigants/visitors ·Support facilities

CIII.FACILITY CENTRE providing for common facilities forfunctioning of the complex unrelated to courts such as bank,post office, medical facility, disaster management, etc.

IV. UTILITY BLOCK for accommodating the utility services suchas A.C. plant, electrical sub-station, DG set/Solar panel, STP,DRepair workshop, storage, garage, etc.

V. JUDICIAL LOCK-UPS.

VI. STRONG ROOM FOR RECORD PRESERVATION.

VII. ADEQUATE PARKING SPACE for judges, lawyers, litigantsand other visitors.E

VIII. IT INFRASTRUCTURE FOR COMPUTERISATION ANDeCOURTS

11. The finance needed for court infrastructure should be ideallyplaced under the head of planned expenditure which will be more specific,better managed and obviate any cut by the Governments. The budgetingFmust be from the demand side and cannot be from the supply side.

12. Apart from what we have stated above, we think it appropriateto issue the following directions which are the most fundamental andvital features to be provided at the earliest in all court complexes:-

(i) Basic amenities such as adequate seating space for litigant publicGas well as lawyers, sufficient waiting area with seatingarrangements, proper lighting and electricity, functional air-conditioning/air-cooling/ heating, accessible clean drinking waterwith Reverse Osmosis (RO) facility, clean and hygienic washroomsseparate for men, women, transgenders and physically handicapped H

persons, kiosk and functional canteens selling beverages andeatables at nominal rates, preferably managed by court staff aresome amenities and facilities which ought to be ensured at courtcomplexes throughout the country. If these are missing in our courtcomplexes, it would be an appalling situation which requiresimmediate rectification.

(ii) We must further ensure that all our court complexes are conduciveand friendly for the differently-abled and towards this end, theCourt complexes must have certain features for the benefit of thevulnerable persons such as persons with disability or visuallyimpaired persons. We have to move from disabled friendly buildingsto workable and implementable differently- abled friendly courtinfrastructure. Ramps for such categories of persons must beoperable, feasible, tried and tested. Such ramps should definitelyhave steel railings and handles. The court infrastructure must alsokeep in view the accessibility for visually impaired persons and,therefore, court complexes must have tactile pavements and signagein braille for the benefit of visually impaired citizens. That apart,for ensuring easy movement of common citizens in the courtcomplexes, there must be maps and floor plans of the entire courtcomplex at entry and exit points and visible signage and directionalarrows with colour coding throughout the court premises.

(iii) For saving the litigant public and other citizens from running oneend to the other without any guidance in the Court complexes andfor assisting them to reach their desired place, it is necessary thatall court premises must establish a working and fully operationalhelp desk at major alighting points with trained court staff to briefand guide the citizens about the layout of the court premises.

(iv) Court premises must also have sufficient number of functionalelectronic case display systems for litigants and lawyers with thefeature of automatic update in every ten seconds.

(v) With the increase in motor vehicles, including cars and two-wheelers,it is imperative that court premises have sufficient and properparking space to ease vehicular traffic and avoid crowding. Allupcoming court complexes must have provision for both sufficientunderground and surface parking facilities segregated into fourbroad categories – for judges, court staff, lawyers and litigants.

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AAs far as the existing court complexes are concerned, the possibilityand feasibility of constructing underground or multi level parkingfacilities must be explored.

(vi) The court premises must have easy access at both entry and exitpoints. End to end connectivity of public transport systems mustBbe ensured for court premises by starting feeder bus service andother dedicated transport services between major public transportpoints and court complexes. Access to justice will forever remainan illusory notion if access to courts is not ensured.

(vii) Court premises must be armed with better crowd managementCarrangements along with adequate security measures. It has beenseen, time and again, that at the time of court proceedings of caseswhich are well covered by the media, the crowd management incourt premises runs into utter chaos. Measures must be taken toensure that whenever court premises are thronged with heightenedcrowds, there is smooth ingress and egress of both vehicular trafficDas well as citizens in the court premises.

(viii) Creche facility at nominal rates for toddlers, falling within the agegroup of 6 months to 6 years, of lawyers, clerks of lawyers, barassociation staff and officers and employees of court registry mustalso be constructed. The said creche facility must not be just forEthe namesake, it has to be both functional as well as effective withproper space and equipment such as baby proofing and othertoddler-friendly provisions. That apart, the courts should have aproper atmosphere for children and vulnerable witnesses.

(ix) Professionally qualified court managers, preferably with an MBAFdegree, must also be appointed to render assistance in performingthe court administration. The said post of Court managers must becreated in each judicial district for assisting Principal District andSessions Judges. Such Court Managers would enable the DistrictJudges to devote more time to their core work, that is, judicialGfunctions. This, in turn, would enhance the efficiency of the DistrictJudicial System. These court managers would also help in identifyingthe weaknesses in the court management systems andrecommending workable steps under the supervision of theirrespective judges for rectifying the same. The services of anyperson already working as a Court Manager in any district shouldHbe regularised by the State Government as we are of the considered view that their assistance is needed for a proper administrative setup in a Court.

(x) Adequate residential accommodation for judicial officers and courtstaff is another infrastructural aspect which requires immediateattention. The productivity of judicial officers and court staff whoare not provided with residential quarters in and/or around the courtpremises gets negatively hampered. Thus, residentialaccommodation in proximity of court complexes for judicial officersand court staff must also be provided.

(xi) There shall be solar power installation in each of the district courtpremises initially and thereafter, the same should spread to all othercourts.

(xii) Keeping in view the obtaining scenario, CCTV cameras should beplaced at proper locations within the court complex.

(xiii) To enhance the quality of speedy justice, video conferencingequipments and connectivity to jails shall be provided at the earliest.

(xiv) The district court complex should have a dispensary with adequatemedical staff and equipments.

13. It is clear that judicial infrastructure not only needs attentionand budgeting but also effective utilization of the funds towards specificand proper ends so that the primary goal of access to justice for all isrealized. Prompt measures are to be undertaken and procrastination inthese matters cannot brook delay where Rule of Law is supreme.

14. Let a copy of this order be sent to the Chief Secretaries ofeach of the States by the Registry requiring them to constitute a committeeof which the Secretary of the Department of Law should be a Memberto formulate the development plan as per the directions issued by us andpresent the status report so that further directions can be issued. Thecommittee shall invite an officer from the High Court to be nominatedby the Chief Justice of the High Court. Copies of the order passed todaybe sent to the Registrar Generals of all the High Courts.

15. Let the matter be listed on August 23, 2018 for filing of theplan and the status report and for issuance of appropriate directions.

Kalpana K. Tripathy

Directions issued.

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