DELHI JUDICIAL SERVICES ASSOCIATION REGD Vs. UNION OF INDIA
LAWS(SC)-1997-11-38
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on November 17,1997

Delhi Judicial Services Association Regd Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) This petition poses a very important issue pertaining to justice being made available to the people through setting up of an adequate number of courts at all levels. Appointing an adequate number of Judges and setting up a corresponding number of courts with adequate infrastructure is an important facet of this issue. About 18 existing Civil Judges including Additional District Judges in the Delhi Judicial Service are without a courtroom and Judge's Chamber. With the result, they are unable to function as Judges. We are surprised at the lack of concern shown by the administration in providing court halls and Judges' Chambers at a suitable place even to sitting judicial officers. This is a serious matter. Instead of the government litigating in court with an adversarial attitude, we feel that this question should be taken up by the chief justice of the Delhi High courtwith the Lt. governor of Delhi when the Chief secretary, the Financial secretary and the secretary, Land and Buildings should be present. This is how such issues are normally resolved in other States. We hope that in public interest, the issue of providing suitable court halls and chamber accommodation for judicial officers can be suitably solved by mutual discussion and with the approval of the chief justice of the Delhi High court at such a meeting/meetings. At this meeting/meetings such other Judges and Officers of the High court as the chief justice of the Delhi High court may deem appropriate, as well as such other officers of the government as the administration thinks appropriate, should also remain present. The report of the Advocates' Committee which has inspected the existing and available accommodation in Tis Hazari court complex shall also be placed before the meeting. We request the chief justice of the Delhi High court to take steps for arranging such meeting expeditiously. If possible, a time-bound programme should be finalised to ensure provision of suitable court halls and chambers to the existing judicial officers located at a place convenient to the public and preferably within or near the existing court complex concerned. The proposals agreed upon should, as far as possible, provide for future expansion as well.
(2.) As far as the Patiala House courts are concerned, learned counsel for CPWD states that by the end of November 1997, 4 courtrooms together with 4 Judges' Chambers and toilets and a public hall and office rooms in the Ministry of External Affairs Wing of Patiala House shall be handed over to the Delhi High court. He further states that public toilets will be ready by the middle of December 1997 and this work will also be completed, as stated, by the middle of December 1997. He further states that a request for air-conditioning of these courtrooms and providing a false ceiling and wall panelling has also been received. This additional work, for which, we are told, funds have already been released, shall be completed either during the winter vacation of the court or after court hours or during court holidays, without in any manner disturbing the functioning of the courts on or before 15/3/1998. Regarding the other two rooms in the section occupied by the Ministry of Information and Broadcasting, the assurance which was given by learned counsel Mr. Goburdhun about the release of funds as recorded in the order of 22/9/1997 has not yet been carried out. Mr. Goburdhun, learned counsel states that his clients will comply with the assurance, as recorded in that order, within a further period of one week from today. Any other problem pertaining to Patiala House court halls may be reduced to writing by any of the parties concerned and placed before the Lt. governor to be sorted out at the joint meetings as aforesaid.
(3.) The cases are adjourned for 4 weeks to enable the administration to solve the problem in public interest. Court Masters;


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