Punjab & Haryana High Court Issues Contempt Notice To SDM Over Failure To Vacate Office To Provide Space For Judges To Hold Court

The Punjab & Haryana High Court has issued contempt notice to the Sub Divisional Magistrate (SDM) of Punjab's Derabassi, over failure to comply with direction to vacate his office to provide space to judges to enable them to hold court.

Previously, the Court on December 20 had noted the "stark difference" of Derabassi SDM's office and Court running in the same building. The first floor was renovated, well furnished and well kept in a habitable state, whereas the ground floor of the same building housing three Courts is dilapidated and is virtually screaming for repairs and renovation, it had observed. Consequently, the bench had directed the SDM to vacate office to enable judges to hold court.

Chief Justice Sheel Nagu and Justice Sudhir Singh on Thursday (January 09), rejected the application filed by the Punjab Government seeking to vacate the order.

"This Court, after gazing overall situation where the deficiency in the infrastructure provided by the State of Punjab in respect of residential accommodation as well as Court rooms fell desperately short of required standards and numbers, was compelled to pass the aforesaid directions under review," the Court observed.

The application stated that necessary formalities for acquiring the land for construction of new Court Rooms at Derabassi has already been done on January 03 and construction of 6 temporary court rooms and 1 Family Court in the tehsil complex at Derabassi has been approved by the Building Committee and sanction to the extent of Rs.379.44 lacs has already been issued by the State of Punjab.

After hearing the application, the Court noted that it is not disputed at that bar that 6 newly appointed judicial officers, presently under training, shall be joining sometime in March/April, 2025 at Derabassi, and 03 newly appointed judicial officers, presently under training, shall be joining at the same point of time at Kharar Sub Division.

It opined that the impugned order to vacate the SDM building was passed after considering the overall situation where the deficiency in the infrastructure provided by the Punjab Government and " it cannot be said that this Court was unaware of certain circumstances."

The bench said that the order was "conscious decision", compelled by the prolonged inaction on the part Punjab government in providing necessary infrastructure of Court rooms and residential accommodations.

While rejecting the application, the Court noted that the order passed on December 20 is still not complied with, it directed the registry to issue a contempt notice to against Shri Amit Gupta, Sub Divisional Magistrate, Derabassi asking to file reply before the next date of hearing.

The matter is listed for January 17, for further consideration.

Also read: Judiciary A 'Third Pillar Of Democracy', Seems To Be Treated Shabbily By State Govt: Punjab & Haryana HC On Lack Of Judge's Accommodation

Mr. S.S. Behl, Advocate and Mr. Gaurav Vir Singh Behl, Advocate for the petitioner (in CWP-PIL-170-2024).

Mr. Sandeep Arora, Advocate for the petitioner (in CWP-PIL-249-2024).

Mr. Salil Sabhlok, Senior DAG Punjab.

Mr. Deepak Balyan, Additional AG Haryana.

Mr. Abhinav Sood, Additional Standing Counsel with Ms. Mehndi Singhal, Advocate and

Ms. Achintaya Soni, Advocate for the U.T., Chandigarh.

Mr. Gaurav Chopra, Senior Advocate with Mr. Shobit Phutela, Advocate, Ms. Seerat Saldi, Advocate and Ms. Devanshi Sharma, Advocate for respondent No.4 – High Court.

 Title: DISTRICT BAR ASSOCIATION, MALERKOTLA v. STATE OF PUNJAB AND OTHERS

Click here to read/download the order