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2012 DIGILAW 1247 (PAT)

Md. Shahid Alam v. State of Bihar

2012-09-05

BIRENDRA PRASAD VERMA

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ORDER Heard Mr. Lalit Kishore, learned Additional Advocate General No.1, ably assisted by Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor, appearing on behalf of the State of Bihar. 2. In compliance of this Court’s order dated 30.7.2012, a counter affidavit on behalf of the State of Bihar through Secretary, Department of Law, Govt. of Bihar, Patna, duly sworn by the under Secretary of the Department of law, Govt. of Bihar, Patna has already been filed on 31.8.2012, and has been kept on record. 3. In the counter affidavit, it has been stated that there are altogether 38 Revenue Districts in the State of Bihar as on today, and against these 38 Revenue Districts, only 30 District Judgeships/Sessions Divisions have been established and are functioning in the State of Bihar till date. It has also been pleaded that in all the 30 Judgeships, family Courts have been established and are functioning. 4. It has been admitted in the counter affidavit that the Patna High Court in its administrative side, vide letter No. 12535 dated 4.12.2007, has already recommended for establishment of separate Sessions Divisions/Judgeships, as per priority list, in the Districts of Banka, Supaul, Araria, Kishanganj, Sheohar, Lakhisarai, Sheikhpura and Arwal. It further appears from the affidavit that the Patna High Court vide letter No. 12888 dated 13.8.2008 has already recommended for establishment of Family Courts in the Districts of Supaul, Kishanganj, Araria, Banka, Lakhisarai and Sheikhpura. 5. It is apparent that despite recommendations made by the Patna High Court in its administrative side for the purposes of establishment of separate Judgeships for the remaining eight Districts and for establishment of Family Courts in those 6 Districts, referred to above, actions/steps are not being taken by the State Government in promptitude. From the averments made in paragraph 7 of the counter affidavit, it appears that some communications were made vide letter dated 25.7.2011 with the District and Sessions Judges of Saharsa, Purnea, Bhagalpur and Munger only and last letter was written by the Department of Law on 23.11.2011 to the District and Sessions Judge, Munger seeking status report about availability of infrastructures, but thereafter neither any communication was made nor any steps appear to have been taken by the authorities for establishment of either Family Courts or for creation of separate Judgeship in those eight Districts. Under the mandate of Family Courts Act, 1984, the State Government and its functionaries are required to act with all promptness for establishment of Family Courts, but that promptness appears to be completely lacking and matter is proceeding in a very casual manner at a snail’ pace. 6. This Court fails to comprehend that if the State Government can create 38 Revenue Districts for better administration, then why it cannot create infrastructure and provide logistic support for all the Districts for creation and establishment of separate Judgeship/Sessions Division as also the family Courts. There does not appear to be any valid reason for the State Govt. for not doing so. This Court expects that henceforth, actions/steps shall be taken by the authorities concerned in promptitude and positive results shall be shown within a time frame for creation of separate Sessions Divisions/Judgeships as also Family Courts in those remaining districts, referred to above, so that the people and the litigants at large of the State of Bihar are benefited and object of Family Courts Act, 1984 is also achieved. 7. A grievance has been raised in the counter affidavit that despite letters written by the Department of law, the same is not being responded promptly by the concerned District and sessions Judges and status report about the availability of infrastructure for establishment of Family Court or Judgeship is not being submitted. The concerned District and Sessions Judges are expected that they also act promptly by submitting their status reports about the availability of infrastructure or need for creature of such infrastructure in those districts, so that Family Courts as also the separate Judgeships are created/established for remaining those eight Districts, referred to above. It is clarified that if a plea is taken on behalf of the State Government that delay is caused in establishment of Family Courts as also separate Judgeships in those eight Districts because of delayed response or no response on the part of the District and Sessions Judges concerned, then the matter shall be viewed seriously and appropriate proceeding may be initiated against the concerned District and Sessions Judges. 8. 8. Learned Additional Advocate General No.1 has prayed for an adjournment of three months, so that in the meantime prompt and effective steps are taken for establishment of Family Courts as also for creation of separate Judgeships in those remaining eight Districts, and progress made in this regard is reported to this Court. 9. As prayed for, list this matter after three months under the same heading, as first case, subject to part heard, if any. On the next date of hearing, a supplementary counter affidavit must be filed by the Secretary, Department of Law, Govt. of Bihar, Patna, about the actions/steps taken in the meantime and the progress made for establishment of Family Courts as also separate Judgeship/Sessions Division for those District, for which High Court has already granted its approval. 10. Let a copy of this order be handed over to Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for communication to the Chief Secretary, Govt. of Bihar, Patna, as also to the Secretary, Department of Law, Govt. of Bihar, Patna, who shall be obliged to take prompt actions/steps on the issues, indicated above. 11. Let copy of this order be also communicated forthwith separately to the learned District and Sessions Judges of Bhagalpur, Saharsa, Purnia, Sitamarhi, Munger and Jehanabad, who shall be obliged to respond in all promptness to the communications of the Department of Law, Govt. of Bihar, Patna, so that Family Courts as also Judgeships are created for remaining Revenue Districts in the State of Bihar. 12. As directed above, this matter shall be listed after three months, as a part heard matter under the same heading, and if this Court does not sit singly, then the matter may be listed in my Chambers.