'Court Staff Is Backbone Of Judiciary': Bombay High Court Orders Goa Govt To Extend AC Facilites For Staff Across District Courts

The Bombay High Court bench at Goa recently while directing the State government to extend the air conditioning facilities in the district courts for the supporting staff, held that the supporting staff like the stenographers, court clerks, court managers, bailiff, peon, nazir etc are the backbone of the judiciary. A division bench of Justices Bharati Dangre and Nivedita Mehta noted that in a new court complex at Merces, North Goa, such air conditioning facilities have already been arranged for the judicial officers, public prosecutors, lawyers (in the bar room) but the same facility has not been extended to the supporting staff, which is 452 in number. The bench while speaking about the role of the courts and the judiciary in protecting the rights of the citizens and to impart justice, noted emphasised on the necessity for the Courts to be armed with the necessary infrastructure, including the buildings, so that it can function at its optimum level and competently discharge its function as the protector of the rights of the citizens."The maintenance of adequate infrastructure standards in the Court complexes is identified as the need of the hour, it being the basic requirement of the Court, for its effective functioning. With the onerous task of dispensing prompt and effective justice to the litigants who knock its door, the Courts necessarily require a robust infrastructure and this does not only mean the hollow Courtrooms but also includes the manpower and the surroundings in which the manpower shall discharge its function, to improve the productivity of the justice delivery system," the judges observed in the order passed on August 11. The bench in its detailed 37-page judgment, highlighted the work rendered by the supporting staff. "We often tend to forget the supporting staff of the courts. The staff, though at times work behind the four walls of the Courtroom, they are an essential part of the justice delivery system as it will be difficult for the Courts to function and run its system in absence of this ground working staff. They form an integral part of the judicial system and are as important as those who are on the forefront and considered to be the face of the system i.e. the Judges, lawyers and the litigants," the court said. In absence of the basic and proper facilities, the Court complexes, would become stressful places, instead they are expected to be conducive and friendly and workable places with work comfort, the court said.The bench stressed that it is the duty of the Government to provide to its citizens such judicial infrastructure and means of access to justice, so that every citizen is able to receive expeditious, inexpensive and fair trial and every citizen is able to exercise his fundamental right to have access to justice and right to speedy justice as enshrined in Article 21 of the Constitution. "This right can be effectively availed by providing adequate number of Courtrooms with the necessary infrastructure warranted for litigants, Judges, members of the bar and also the supporting staff of the Court. We are of the considered view that for proper and effective functioning of the Courts, it is necessary to have the support of the staff, and which rather constitutes the backbone of the Courts' functioning and discharging its solemn obligation of dispensation of justice and this staff is also entitled for an appropriate working environment, so as to increase their efficiency and output, which ultimately is going to be beneficial for the administration of justice itself," the bench observed. The bench found the stand of the State to be strange in denying this facility only to a particular class, i.e. support staff, which they (petitioners) describe as “discriminatory” as they have a feeling that it is only the Courts, Judges and the lawyers who are entitled for these facilities. "We do not want them to carry an impression of they being discriminated and treated on a different pedestal by the judiciary, who, is otherwise committed to ensure 'Equality' as contemplated under Article 14 of the Constitution. Equality before law, the lifeline of the Indian Constitution, convey that every individual regardless of his/her background or status is subject to the same laws and legal procedures. It also conveys that there are no special privileges or exemptions based on the factors like wealth, social status or political influence, as all citizens are entitled to be treated equally and they shall be subject to the same laws as ordinary citizens. The concept of equality address any systematic inequalities and it underline the principle, that all are equal in law," the judges underscored. It is this concept of equality which is implicit to us, and hence, we fail to appreciate the stand of the State Government, that on account of huge financial burden, it is avoiding to extend the facility to the members of the petitioners, the bench said. "We direct the State Government to ensure that the air...

'Court Staff Is Backbone Of Judiciary': Bombay High Court Orders Goa Govt To Extend AC Facilites For Staff Across District Courts

Narsi Benwal

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