The Bench comprising of Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli stated that the issue will be discussed at the upcoming conferences of Chief Justices of High Courts and Chief Ministers as the bench observed to take the issue regarding judicial infrastructure.
The cause of action to file present application arose when petitioner stated that when he visited the Hathras Court in the month of February and came to know that there is no District Court premises, facilities for judicial officers, infrastructure, Litigant and Advocates. The petitioner stated that the district court is running on rental area in the horse stable in the old fort in Hathras.
The Petitioner stated that the seventh schedule of the Constitution of India under the entry (11A) of concurrent list provides combined rights of responsibility and duties upon state as well as the Union of India for judicial Organization of all Courts except the Supreme Court of India and other entries in the concurrent list also confer jurisdiction to make law and responsibilities upon them.
It was also pointed out by the of running of District Courts in a rental building in Hyderabad of Erramanjil, Medchall etc
The CJI NV Ramana said:
This Friday and Saturday a Conference is going of Chief Justice of High Courts and Chief Ministers is going on we have already taken this up and calling and submitted report after calling for statistics, Let’s wait we are discussing this issue also. Wait one week. List after one week. Thank you for bringing problems of judiciary to the court.
Framing of a Constitutional Committee of Supreme Court judges for implementation of infrastructure of District Court and Subordinate court in each district of the state & union territory of India, directions sought in the present writ petition.
The counsel of petitioner Advocate ML Sharma submitted that these days the courts are running in rental spaces and there are no perfect buildings.
The petition directed the state to provide complete infrastructures of district courts, arguing that due to absence of the same, judicial remedy and justice cannot be delivered to the citizen of India as guaranteed by the Constitution of India.
The matter is listed for next week, without any notice.
Then Bench of Supreme Court Justice D.Y. Chandrachud in December, 2021 had also mooted the idea of taking care of the development and infrastructure and funding of judicial infrastructure bu suggesting an idea of ‘Umbrella National Organization’.
Last year CJI NV Ramana addressed to the public about the judicial infrastructure and said that there is a need for the Centre and the State to Cooperate and create a National Judicial Infrastructure Corporation, to cater to the need for judicial infrastructure of the country as a one-time measure. As such kind of Corporation will help in bringing Uniformity of and Standardization required to revolutionize judicial infrastructure.
The Bench told the side of the Government side that why cannot you think of constituting a sort of council on judicial infrastructure? At least there is an interest in retaining the control of the council the composition can be of the Union Minister of Law and Justice, the Secretary etc. The benefit of having the Chief Justice and the Senior judges would be that they are in the known of things.
To know the status of disbursement of funds and Judiciary in each state, The court had even suggested that the Centre should meet with the Finance and Law Secretaries of the State.