State Of Punjab Is Treating Judiciary Very Shabbily: P&H High Court Orders SDM To Vacate Office For Court Use

Update: 2024-12-24 12:00 GMT

The Punjab and Haryana High Court directed a Sub-Divisional Magistrate (SDM) in Punjab to vacate his office to make way for judicial officers to use the building for court hearings.

The case was part of a broader hearing concerning judicial infrastructure issues across Punjab, Haryana, and Chandigarh.

The Division Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal expressed strong disapproval of the inadequate judicial infrastructure in Punjab and urged the state to accelerate the construction of more courtrooms.

The Court emphasized the alarming situation, stating, "This Court takes a serious view of the sad situation where it seems that the State of Punjab is treating the third pillar of democracy (Judiciary) very shabbily.

In this case, the Court was also overseeing the availability of residential accommodations for judicial officers. During the hearing, the Bench learned that in Derabassi, Mohali district, three judicial officers were holding court on the ground floor of a two-story building, while the SDM’s office occupied the first floor. The Court noted, “If we compare the condition of the SDM’s office on the first floor and the condition of the 03 Judicial Courts on the ground floor, there is a stark difference. The SDM’s office on the first floor is 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,”

Advocate SS Behl appeared for the Petitioner and Senior Advocate Gaurav Chopra appeared for the Respondent.

Given the state’s failure to act, the Court ruled that the SDM must vacate the first-floor office. It ordered the Punjab government to issue an allotment order for both the first and ground floors of the building to be occupied by the Sub Divisional Judicial Courts in Derabassi for the judicial officers to conduct court proceedings. The Court instructed that this process of vacating the premises and issuing the allotment order be completed within two weeks.

Additionally, the Court directed, “The State of Punjab shall also ensure that the repairs of the ground floor of the said building are completed before the next date of hearing and compliance report is filed along with photographs of the ground and first floor in repaired, fully furnished and habitable state.

The Bench also raised concerns about the poor condition of residential accommodations for judicial officers in Punjab, particularly in Amritsar. It highlighted, “Another shocking aspect as regards the condition of houses if we take the example of District Amritsar is that out of 38 houses which are available and some of which have been occupied, 12 are under minor repairs and the remaining 26 are under major repairs and, therefore, none of the 38 houses allotted to the Judicial Officers by the Government of Punjab are habitable.

To prevent the situation from worsening, especially with a new batch of judicial officers expected to join in March/April 2025, the Court issued strict orders. The matter has been scheduled for further consideration on January 7, 2025.

Cause Title: District Bar Association, Malerkotla v. State of Punjab & Ors.

Appearance:

Petitioner: Advocates SS Behl, Gaurav Vir Singh Behl, Sandeep Arora

Respondent: Senior Advocate Gaurav Chopra, along with advocates Shobit Phutela and Sanya Kapoor, Deputy Advocate General Salil Sabhlok, Additional Advocate General Deepak Balyan, Additional Standing Counsel Abhinav Sood, Advocates Nitesh Jhajhria, Mehndi Singhal, Additional Chief Secretary Alok Shekhar Srivastava

Click here to read/download Order


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