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2016 DIGILAW 388 (ALL)

In Re : Zila Adhivakta Sangh Allahabad v. .

2016-02-01

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

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JUDGMENT In pursuance of the previous order of this Court, the learned Advocate General has been assisted by the Chief Secretary who is present before us along with other senior officials. A chart has been placed on the record by the Chief Secretary during the course of the submissions. The chart indicates the steps which are being taken and the time schedules for completion. We will now deal with each of the issues separately: (1) For manning 180 CCTV cameras which have been installed in the High Court, a team of 197 police personnel headed by a Deputy Superintendent of Police has been constituted. The chart which has been placed on the record by the Chief Secretary, indicates a break-up of the personnel with their ranks. Trial runs for operationalizing the equipment shall commence within one week from today. In addition to the 180 CCTV cameras which have been installed in the High Court, 34 cameras are being installed at the digitization centre. Seven cameras have already been installed while the balance would be installed by 15 February 2016. The control room where monitoring will take place will also cover CCTV cameras of the digitization centre apart from those in the main building of the High Court. The operationalization of the equipment of the High Court shall not be delayed until the full installation is completed in the digitization centre and shall proceed no later than within a period of one week from today. After the trial runs are satisfactorily completed over a period of a fortnight, the CCTV cameras should be made entirely functional before the end of February 2016. (2) Insofar as the installation of security equipment is concerned, the civil work at Gate No 3, the Court has been informed, is expected to be completed by the end of February 2016. The Court has been apprised that the installation of Door Frame Metal Detectors and Hand Held Metal Detectors together with provisions for manual screening of motor vehicles would be in place at least ten days before the Sesquicentennial celebrations on 13 March 2016. The approval is being sought of the Ministry of Defence in the Government of India for procuring other equipment for the purpose of ensuring the security of the High Court and it is expected that the approval will be made available shortly to facilitate the further process of tendering and procurement. The approval is being sought of the Ministry of Defence in the Government of India for procuring other equipment for the purpose of ensuring the security of the High Court and it is expected that the approval will be made available shortly to facilitate the further process of tendering and procurement. All the equipment, the Court has been assured, would be made fully functional by 30 June 2016. So far as the requirement of District Courts is concerned, tenders were opened on 12 January 2016. The process would be completed by 30 June 2016 and the equipment would be made fully functional by that date. (3) As regards video conferencing, the Court has been informed that the all the video conferencing facilities would be made fully functional by 30 April 2016, except in five districts where land is presently not available (Chandauli, Amethi, Sambhal, Shamli and Rampur). During the course of the hearing, the Court has been assured that the provision for recording would be extended to 30 days by necessary modifications as required, so as to facilitate proper recording and storage of the data. The Court has also been apprised of the fact that trained staff would be made available by imparting training through the auspices of NICSI. In this regard, in the event that additional sanctioned posts have to be created for manning the video conferencing equipment in the districts where they are to be installed, a proposal in that regard may be forwarded under the directions of the Chairperson of the Infrastructure Committee which would be acted upon immediately by the government. Of the five districts where no land is presently available, alternate arrangements have been made only in the case of Rampur district. We are of the view that necessary and serious efforts should be made by the Collectors and District Magistrates in coordination with the judicial officers presiding in the concerned districts to ensure that alternate arrangements are made available until a full-fledged building comes up in the future. Since no progress has been made as on date, we direct that a report shall be placed on the record on the next date, indicating the steps which have been taken and the progress which has been made. Save and except for the district of Chandauli where the Court is functioning at present, there is no functioning Court in the districts of Amethi, Sambhal and Shamli. Save and except for the district of Chandauli where the Court is functioning at present, there is no functioning Court in the districts of Amethi, Sambhal and Shamli. Having regard to the urgency of the situation, each of the Collectors and District Magistrates shall take up this issue with immediate priority and apprise the Court through the Advocate General, on the next date of listing, of the action taken. (4) As regards bifurcation of 212 Fast Track Courts, this Court has already indicated that these courts would have to be distributed between 72 courts of the rank of ADJ, 72 courts of the rank of Civil Judge (Senior Division) and 68 courts of the rank of Civil Judge (Junior Division). The only aspect which remains, as the Law Secretary informs the Court, is that the places where these courts are to be created, have to be intimated by the Registrar General to the Law Secretary. The Registrar General informs that the said information has, in fact, been furnished. A copy of this communication be furnished to the Law Secretary during the course of the day. The Court is assured that immediately on receipt of the communication, a formal notification will be issued within a period of three days from today by the State Government. (5) As regards the creation of 81 permanent Fast Track Courts, the Chief Secretary has informed the Court that an administrative relaxation which was necessitated has been granted by the Finance department and the file is now before the Chief Minister. The Court has been informed that, within a period of ten days, a final decision in that regard is expected. The Court shall be apprised of the decision which has been taken on the communication, through the Registrar General by the next date. (6) As regards Family Courts, the Court has been informed that when a notification is issued for the creation of 72 additional courts of the rank of ADJ, the Courts so created would be conferred with additional jurisdiction in regard to family cases. Apart from this, the Law Secretary states that creation of additional Family Courts, as indicated in the previous order of this Court, would require the creation of new posts. The Law Secretary has stated that within a period of one week from today, a proposal in that regard shall be submitted to the Finance Department. Apart from this, the Law Secretary states that creation of additional Family Courts, as indicated in the previous order of this Court, would require the creation of new posts. The Law Secretary has stated that within a period of one week from today, a proposal in that regard shall be submitted to the Finance Department. The Finance Department shall, the Court is assured, within a period of one month thereafter, take a final decision and apprise the Registrar General of the implementation of the direction which has already been issued by this Court. (7) On the issue of independent power feeder lines, a budgetary provision is stated to have been made in the amount of Rs 89 crores in the ensuing budget. The Principal Secretary (Power) has informed the Court that tenders have been invited. We have indicated to the Principal Secretary (Power) that 33 districts where morning courts are functional, should be provided with functional independent power feeder lines, no later than by 1 June 2016. The Registrar General shall immediately intimate to the Principal Secretary (Power) the locations of the 33 districts where morning courts are functional which have to be taken up on priority. The only remaining issue is whether the independent power feeder lines should be made available to those courts where the courts are functioning in rented premises. This is a policy decision for the Infrastructure Committee of the High Court to take. Where the setting up of a regular court complex is liable to take a considerable amount of time, it would be necessary to install independent power feeder lines to obviate inconvenience to the lawyers and litigants during the summer. The decision in this regard shall be intimated to the Principal Secretary, (Power) by the Registrar General for implementation in terms as directed. (8) The Chief Secretary has stated that the e-stamping rules which are pending for approval shall be taken up and a final decision shall be taken in that regard by 20 February 2016 2. We have impressed upon the Chief Secretary the importance of the State Government acting on the proposal which was sent by the High Court for the appointment of the Law Secretary. The absence of a regularly appointed Law Secretary results in lack of coordination, inter alia, on various matters of serious concern and it is necessary that the situation is rectified at the earliest. The absence of a regularly appointed Law Secretary results in lack of coordination, inter alia, on various matters of serious concern and it is necessary that the situation is rectified at the earliest. The Court has been assured that steps are being taken immediately. The Court shall be apprised on the appointment of the Law Secretary by the next date. 3. As regards the Hapur incident, Ram Kishor Kain requests for an adjournment to file an affidavit. Shiv Raj Mohan Nigam has also sought an adjournment to file an affidavit since his counsel is not present before us due to personal reasons. 4. Affidavits may be filed by the next date of listing. List on 26 February 2016 at 2.00 p.m.