On Friday (1st December), the Delhi High Court admonished the AAP-led Delhi government for its lack of collaboration in providing funds and infrastructure for the courts in the national capital. Acting Chief Justice Manmohan and Justice Mini Pushkarna, presiding over the Division Bench, expressed strong dissatisfaction with the government’s stance, describing it as “non-cooperation at its peak.”
The bench highlighted the dire constraints faced by the courts in terms of both space and finances, noting that despite these challenges, no projects were being approved. These observations were made during the hearing of a plea filed by Achla Dhawan, who sought adequate space for local commissioners to record evidence.
Three judges sharing one courtroom; peak non-cooperation by State in providing court infra: Delhi High Court
— Bar & Bench (@barandbench) December 1, 2023
report by @prashantjha996 https://t.co/3UbqpbOhbp
The court asserted, “We are hearing a lot of things. Officers are saying a lot of things. But we are not saying anything because we are restraining ourselves. This is non-cooperation at its peak. Nothing is coming through. There are six to seven projects, they are all stuck. All projects are stuck. There are in-principle agreements from 2019 and 2021 but not a brick has been laid. Is this the level of cooperation.”
The court added, “Today, I have a digital court in Patiala House Court. One is shared by three judges. Two judges are asked to sit at home. There are no courtrooms for officers. We will have 100 judges ready by next month, we do not know where we will put them.”
This is not the first time that these concerns have been brought to the forefront. In the preceding hearing of the case, the High Court had already underscored these issues, duly acknowledging that there exists a pervasive shortage of both space and budget across all District Courts in Delhi.
The Bench had previously noted that the available number of courtrooms does not align with the sanctioned strength of judicial officers. Furthermore, it pointed out that numerous pending judicial infrastructure projects are awaiting administrative approval and expenditure sanction from the Delhi government.
Representing the Delhi government, Additional Standing Counsel (Civil) Sameer Vashisht informed the Bench that, to date, there has been no proposal from the High Court regarding the allocation of space for local commissioners. Regarding courtroom space, Vashisht argued that the land in Delhi falls under the jurisdiction of the Central government.
In response, the Bench highlighted that only one project is under the purview of the Central government, while the remaining projects fall within the domain of the Delhi government, yet there has been no progress. Vashisht assured the court that he would make efforts to expedite matters and convey the court’s concerns to the government and the law secretary. In response, the Bench directed Vashisht to submit a comprehensive affidavit on the issue.
Furthermore, the Bench issued an order for the law secretary to participate in the proceedings via video-conferencing. The next hearing on this matter is scheduled for 9th January 2024.
