26 April 2022 1:42 PM GMT
The Supreme Court on Tuesday adjourned for a week a PIL filed by Advocate ML Sharma seeking directions to Centre and States to provide complete court infrastructure for District Court/ subordinate courts.A Bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli observed that the issue regarding judicial infrastructure has been taken up and the issue...
The Supreme Court on Tuesday adjourned for a week a PIL filed by Advocate ML Sharma seeking directions to Centre and States to provide complete court infrastructure for District Court/ subordinate courts.
A Bench comprising Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli observed that the issue regarding judicial infrastructure has been taken up and the issue will be discussed at the upcoming conference of of Chief Justices of High Courts and Chief Ministers.
During the hearing, Advocate ML Sharma, appearing, as petitioner- in- person, submitted that these days, the courts are running in rented spaces and there are no 'perfect buildings'.
"We have already taken this up and submitted report after calling for statistics. This Friday and Saturday a conference of Chief Justices of High Courts and Chief Ministers is going on. Let's wait we are discussing this issue also. Thank you for bringing problems of the Judiciary to notice of court. Wait one week. List after one week." the CJI said
The Bench without issuing notice directed the matter to be listed next week.
The present writ petition has sought directions for 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.
The petition has sought directions to the States 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 petitioner has stated that the cause of action to file the present petition arose when he visited the Hathras court in February and came to know that there is no district court premises, infrastructure and other facilities for judicial officers, Litigant and advocates. In fact, the district court is running on rental area in the horse stable in the old fort in Hathras.
The petitioner has pointed out that the Hyderabad District court of Erramanjil, Kukutpatti , Medchall etc. are also running in a rental buildings.
The petitioner has submitted that Entry (11A) of concurrent list in seventh Schedule of the constitution of India provides combined right and duty/responsibility upon state as well as union of India for judicial organisations of all court except the Supreme Court of India and other entries in the concurrent list also confer jurisdiction to make law and responsibilities upon them.
The petitioner has further argued that even the virtual hearing system cannot be adopted in the absence of complete infrastructure
Case Title: Manohar Lal Sharma vs Union of India & Ors
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