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Allahabad High Court · body

2015 DIGILAW 3940 (ALL)

In Re : Zila Adhivakta Sangh Allahabad v. .

2015-12-11

A.P.SAHI, ARUN TANDON, D.Y.CHANDRACHUD, DILIP GUPTA, RAKESH TIWARI, TARUN AGARWALA, V.K.SHUKLA

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JUDGMENT The learned Advocate General has placed on the record a status report in regard to the steps which have been taken by the State Government in regard to four major facilities to strengthen the security systems in the High Court and in the District Courts: (1) Installation of CCTV Cameras in the High Court at Allahabad, 180 CCTV Cameras have been installed, cabling work and the civil work for the Control Room have been completed, the emergency recording system has been completed and the UPS has been installed. The complete system has been made functional. We have already directed earlier that the system would have to be manned by the Senior Police Personnel of the rank of Deputy Superintendent of Police. The learned Advocate General has assured the Court that all necessary steps would be taken to make the system functional immediately; (2) Strengthening of the security system of the High Court at Allahabad by installation of (i) bio-metric system; (ii) door frame metal detectors; (iii) flap gate; and (iv) baggage scanners. The cabling work has been completed and the civil work for the construction of a hall which commenced on 26 October 2015, is to be completed by 31 January 2016. The security equipment is to be installed thereafter. An amount of Rs 763.25 lacs has been released. An estimate of Rs 3208.07 lacs has been submitted to the Principal Secretary (Law) by the Registrar General. The Advocate General states that he has had a personal discussion with the Finance Secretary and necessary steps are being taken to ensure that requisite funds are made available so as to complete the installation of the security system before the Sesquicentennial of the High Court on 13 March 2016; (3) Installation of CCTV Cameras and security equipments in all district courts. This envisages setting up of 2690 CCTV Cameras, 425 DFMDs, 617 HHMDs and 100 Baggage Scanners. The requirements of all the district courts were worked out by the security head quarters. UPRNN which has been named as the nodal agency has invited tenders on 18 November 2015 which are to be opened by 21 December 2015. The expected date of the completion is 30 June 2016. An amount of Rs 75 crores has been released on 31 August 2015. UPRNN which has been named as the nodal agency has invited tenders on 18 November 2015 which are to be opened by 21 December 2015. The expected date of the completion is 30 June 2016. An amount of Rs 75 crores has been released on 31 August 2015. The issue which remains to be sorted out is in regard to the provisioning of the necessary budget for the balance of the work, which remains. For this purpose, we request the Registrar General to nominate Sri Sanjay Shanker Pandey, OSD, posted currently at Lucknow. Sri Pandey shall, during the course of the next week, duly coordinate the matter with the Chairperson of the Infrastructure Committee, the Registrar (Budget) and the Principal Secretary (Law) so as to ensure that necessary budgetary provisions are made in the budgetary proposals which are to be finalized for 2016-17. (4) Video Conferencing Facilities are to be installed in all the 75 district courts and in 67 jails across the State. At present they have become functional in 9 district courts and 9 jails only. The status of the matter is that video conferencing rooms have been constructed in 4 jails while the construction in 52 district courts and 52 jails is underway. Equipments have been supplied to 62 district courts and 53 jails. The scheduled date of completion of 31 December 2015 is for completing all installations in respect of 50 district courts and 52 jails. The facility at Ambedkar Nagar, in addition, will be completed by 31 December 2015 and for Ghazipur by 30 June 2016. 2. An amount of Rs 31.6468 crores has been released. An amount of Rs 14.9196 crores is yet to be released, out of which Rs.3.81 crores is available. The remaining amount, the Court has been informed, will be arranged by the reappropriation. 3. In 14 district courts, the status report indicates that space for construction of video conferencing rooms has not been made available by district judges due to insufficiency of land. In two districts (Jalaun and Pilibhit), the cabinet has approved the proposal for demolition of old structures to facilitate video conferencing rooms. This issue is to be taken up, as agreed, by the State Government with the Infrastructure Committee. The learned Advocate General has assured the Court that all necessary cooperation would be extended by exploring other available options including creation of additional spaces. This issue is to be taken up, as agreed, by the State Government with the Infrastructure Committee. The learned Advocate General has assured the Court that all necessary cooperation would be extended by exploring other available options including creation of additional spaces. We would also request the learned Advocate General to ensure that the video conferencing facilities which are installed, should have the necessary capacity for storage of data as indicated by this Court in its previous orders so as to enable the concerned court to deal with any objection that may be raised to the recording of statements. 4. In view of the approaching sesquicentennial of the High Court in the month of March 2016, we expect the State Government to take up these issues on a sense of high priority. The learned Advocate General has assured the Court that this would be done and a further status report will be placed before the Court on the next date of listing. 5. The learned Advocate General has placed another status report in regard to: (1) creation of 113 Gram Nyayalayas; (2) creation of additional 38 courts and 212 fast track courts under the 14th Finance Commission; (3) creation of additional 100 courts of Additional District Judges, 100 courts of Civil Judge (Senior Division) and 300 courts of Civil Judge (Junior Division) in 2016-17; (4) arrangements to be made for uninterrupted power supply to district courts; (5) identification of land for construction of new buildings and facilities for district courts. 6. Since the aforesaid status report does not contain any specific details of the steps which have been taken for creation of posts and for operationalisation of the additional courts, we direct that this Court should be apprised of the exact position during the course of the next hearing by means of a status report. The learned Advocate General has faily assured that the officials of the government will coordinate with the administration of the High Court through the Registrar General and Sri Sanjay Shanker Pandey. 7. Responses have been filed to the charges framed by this Court by Sri Jagdish Saraswat and Sri Ganesh Sharma. The Court has been informed that an extension of time is sought by Sri Pradeep Kumar Singh to file his reply. We deem it appropriate and proper to grant an extension of time as sought. 7. Responses have been filed to the charges framed by this Court by Sri Jagdish Saraswat and Sri Ganesh Sharma. The Court has been informed that an extension of time is sought by Sri Pradeep Kumar Singh to file his reply. We deem it appropriate and proper to grant an extension of time as sought. The reply of Sri P K Singh be filed by 13 January 2016 which is the next date of listing. Since the matter relates to one incident involving allegedly three advocates, it would be appropriate if all the three cases are considered together on the next date of listing. 8. Sri Shiv Raj Mohan Nigam is not present before the Court today. In the interest of justice, we grant an extension of time to him to submit his explanation or response to the comments of the Additional Civil Judge (Senior Division), Lucknow in terms of the previous orders dated 18 November 2015. The Registrar is directed to communicate a copy of this order to Sri Shiv Raj Mohan Nigam indicating to him the next date of listing. 9. In pursuance of the previous order of this Court, the Judicial Magistrate, Court No. 2, Allahabad has placed her report dated 4 December 2015. On the request of Sri Rajesh Mishra and Sri Shailesh Mishra, Advocates, we grant an extension of time until 13 January 2016 for the submission of their responses. A copy of the report of the Judicial Magistrate be provided to the learned counsel during the course of the day by the Bench Secretary. List on 13 January 2016 at 2.00 pm.