Supreme Court Directs States/UTs & High Courts That Are Yet To File Details Of Fund Disbursed For Judiciary To Do So Within 4 Weeks

On 26.07.2022, the Apex Court had directed the Law Secretaries of all State Governments to file affidavits with the following information:

• The extent of funds which have been made available to state on centrally sponsored schemes
• Amount disbursed by the state government for the state and District judiciary
• Amount which remains to be provided to the state and district judiciary and were diverted to other projects
• Details of utilisation certificate from the financial year 2017-18 to 2021-22.

The Registrar Generals of all High Courts were to also respond within 4 weeks to the note submitted by the Amicus Curiae, Ms Vibha Datta Makhija, regarding the infrastructure and strength of Judges in each of the respective States or the Union Territories. While adjourning the matter, seeking responses, the Apex Court had noted that it would first take up the issue related to determination of strength of judges owing to the existence of a scientific methodology evolved by the National Court Management Systems Committee (NCMSC) on the next date.

On the last date of hearing, i.e., 06.09.2022, the Amicus Curiae had apprised the Apex Court that the States and the High Courts have filed their responses. However, she sought the permission of the court to circulate a prescribed format via e-mail to the States and High Courts to facilitate further consideration of the status in respective states. The Bench had granted permission directing the High Courts and the States to respondent within a period of three weeks from the date of the email.

On 18.10.2022, Ms. Makhija informed a Bench comprising Justices D.Y. Chandrachud and Hima Kolhi that most of the States and some High Courts are yet to file the requisite information in the prescribed format. Accordingly, the Bench directed the concerned States and High Courts to e-file the same in the Registry of the Apex Court, which shall be made available to Ms. Makhija.

As per the list which has been furnished by the amicus curiae, the following States/UTs and High Courts have yet to file the data in the prescribed format: (I) Andaman & Nicobar Islands; (ii) Arunachal Pradesh; (iii) Assam; (iv) Bihar; (v) Chhattisgarh; (vi) D & N Haveli and Daman & Diu; (vii) NCT of Delhi; (viii) Goa; (ix) Gujarat; (x) Himachal Pradesh; (xi) Karnataka; (xii) Kerala; (xiii) Ladakh; (xiv) Lakshadweep; (xv) Madhya Pradesh; (xvi) Maharashtra; (xvii) Manipur; (xviii) Meghalaya; (xix) Mizoram; (xx) Odisha; (xxi) Puducherry; (xxii) Rajasthan; (xxiii) Sikkim; (xxiv) Tamil Nadu; (xxv) Telangana; (xxvi) Uttar Pradesh; (xxvii) High Court of Andhra Pradesh; xxviii)High Court of Himachal Pradesh; (xxix) High Court of Jharkhand; (xxx) High Court of Madras; (xxxi) High Court of Punjab and Haryana; and (xxxii) High Court of Tripura.

The Bench further stated that, at the outset, matters pertaining to the State and High Courts of Jammu and Kashmir, Chhattisgarh, Manipur, Uttarakhand and West Bengal would be taken up as they have provided all the requisite information. It also permitted the State of West Bengal to refile the affidavit to provide all the information in the prescribed manner within a period of three weeks.

The matter is to be next listed for hearing on 22 November 2022.

Case Title: Imtiaz Ahmad v. State of Uttar Pradesh

Citation : 2022 LiveLaw (SC) 636

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