Sanjay Karol, CJ.—Heard learned counsel for the parties. 2. Giving the backdrop of the establishment of the Justice Delivery System in Patna and setting up of the Courts, more particularly at Patna Sadar S.D.M. Court, the General Secretary of the Collectorate Bar Association, Patna, has filed the instant petition, inter alia, praying as under:— i. To restrain the respondents from demolishing Patna collectorate Bar Association building located near the office of the S.D.M., Patna in Patna collectorate campus. ii. To restrain the Respondents from sifting the office of S.D.M. Patna Sadar from its present place/site/location to any other far-flung place. iii. To locate the office of Patna Sadar S.D.M Court in the vicinity of the present place of its location after making full-fledged sitting arrangement for the advocates who are practicing there. iv. To allow the present Patna Collectorate Bar Association to continue alternative till effective arrangement is not made for sitting of lawyers. v. To formulate a policy/decision that sitting arrangement for the practicing advocates should be made in the same building in which executive magistrate court's function and comply with the same. vi. To make sitting arrangements for the advocates who are practicing in Patna Sadar S.D.M.'s Court where the Executive Magistrate Court is situated. B. To any other relief/s which the Petitioner is found entitled to. 3. Considering the importance, significance and relevance of the issues highlighted by the petitioner, more so with respect to seating and functioning of the members of the legal fraternity; and other stake-holders, including the Clerks, Stenographers, Typists; Vendors and Litigants, this Court on 23rd of November, 2022 had interacted with Shri Kumar Ravi, Divisional Commissioner, Patna Division. Appreciably, noticing the plight of the members of the Bar, the said officer agreed to find a workable solution. 4. In the supplementary affidavit dated 05.12.2022, filed by the Senior Deputy Collector, Patna, of which we are informed, is obviously under the instructions of the Divisional Commissioner, Patna, the respondents have come out with a proposal in the following terms:— “8. That the said committee has submitted its revised proposal wherein temporary and permanent alternative arrangements have been made. The detail report/proposal made in this regard including the measurement report has been submitted by the committee. 9. That as per the aforesaid report, it has been mentioned that at present there is 2911 Sq.ft built up area of the Collectorate Bar Association Building.
The detail report/proposal made in this regard including the measurement report has been submitted by the committee. 9. That as per the aforesaid report, it has been mentioned that at present there is 2911 Sq.ft built up area of the Collectorate Bar Association Building. The nearest place for making temporary alternative arrangements has been identified to be ground floor of Vikash Bhawan where there is 4 Big Halls, 6 rooms, 4 toilets including 2 ladies toilets and a long corridors with drinking water facility. Thus total built up area being provided is of 4267 Sq. Ft. 10. That apart from the above, additional open area of 2327 Sq.Ft. shall be made available for the Collectorate Bar Association in South of the wall in the outer campus along with electric connection in open space area shade will be constructed for the typist and other purposes. 11. That as far as permanent arrangement is concerned, after the construction of the New Collctorate Building, apart from ground floor area 4 big hall and 3 extra rooms and 4 toilets shall be made available in Vikash Bhawan, Patna in the first floor which add upto 4272 Sq.ft. for the use of Collectorate Bar Association. Thus the total built up area under the use of Collectorate Bar Association will become 8,539 Sq.ft. (4267+4272) in addition with open space area 2327 Sq.ft.. Thus the total space provided will be 10866 Sq.ft., which is more than the area of present Collectorate Bar Association building and Campus. 12. That in view of the aforesaid proposal, order shall be issued after approval by the competent authority and the shifting process of the Collectorate Bar Association to Vikash Bhawan, Patna shall be under taken within a month.” The detailed report, annexed with the supplementary affidavit dated 05.12.2022, is extracted herein under:— 7. In this view of the matter, being fully satisfied with the action taken by the respondents in meeting the urgent requirement of all the stakeholders, including the members of the legal fraternity of the Collectorate Bar Association, Patna, the Court in appreciation of the efforts put in by all, including Shri Yogesh Chandra Verma, learned Senior Counsel and the learned counsel appearing for the petitioner, closes the present proceedings. 8. The process of shifting of the members of the Bar to the alternate premises and establishment of the requisite infrastructure shall commence forthwith. 9.
8. The process of shifting of the members of the Bar to the alternate premises and establishment of the requisite infrastructure shall commence forthwith. 9. For emphasis, we refer to certain observations made by Hon’ble the Supreme Court under scoring the importance of proper infrastructure both for Judges and for Lawyers, for it is undoubted that without adequate infrastructure, the pursuit of rule of law shall for ever remain lacking. 10. In All India Judges Assn. vs. Union of India, (2010) 14 SCC 705 , it was observed:— “1. Justice delivery system is the bedrock of the rule of law, which is held to be the basic structure of the Constitution and it is our view that, in the absence of adequate judicial infrastructure, particularly for the subordinate courts, it would not be possible to sustain rule of law in this country. It is true that courts do not generally issue directions in financial matters, however, we are of the view that court fees, costs and fines constitute what is called “measure” of what is spent on judicial infrastructure. This would be in consonance of doctrine of proportionality, which is the facet of doctrine of reasonableness under the Constitution. The rule of law assures the citizen of an effective civil and criminal justice system and judicial infrastructure is the cornerstone of justice delivery system without which the rule of law in this Court would fail.” 11. In Brij Mohan Lal vs. Union of India, (2012) 6 SCC 502 , the constitutional obligation upon the government to ensure adequacy of infrastructure for the justice delivery system was stated as under:— “137… To put it simply, it is the constitutional duty of the Government to provide the citizens of the country with such judicial infrastructure and means of access to justice so that every person is able to receive an expeditious, inexpensive and fair trial. The plea of financial limitations or constraints can hardly be justified as a valid excuse to avoid performance of the constitutional duty of the Government, more particularly, when such rights are accepted as basic and fundamental to the human rights of citizens.” 12. In All India Judges Assn. vs. Union of India, (2018) 17 SCC 555 , the importance of infrastructure was emphasized and certain directions were issued to make available facilities which were termed as “most fundamental and vital”. It was observed:— “6.
In All India Judges Assn. vs. Union of India, (2018) 17 SCC 555 , the importance of infrastructure was emphasized and certain directions were issued to make available facilities which were termed as “most fundamental and vital”. It was observed:— “6. It has to be firmly borne in mind and accepted as a reality that raising the infrastructure standards in the court complexes is the need of the hour as it is the basic requirement for the courts in the twenty-first century. We are absolutely clear that when people are aware of their rights, their desire to get the rights realised is enhanced and they would like to knock at the doors of the Court to shape their aspiration into reality. It is a welcome phenomenon and conceptually, Rule of Law nourishes and garners the said idea. The idea of speedy and quality justice dispensation system cannot be treated with status quoist approach, for the definition of infrastructure and the understanding of the same in all associated contexts changes with the passage of time and introduction of modern technology in many a sphere of life. The consumers of justice expect prompt and effective delivery of justice in an atmosphere that is acceptable. Therefore, infrastructure enhancement will go a long way in strengthening functioning of the court and would improve the productivity in the justice delivery system. … 9. In view of the above, we deem it extremely necessary to declare that it is essential to provide basic infrastructural facilities, amenities, utilities and access oriented features in all court complexes around the country as it is axiomatic that infrastructure forms the core for efficient and efficacious dispensation of speedy and qualitative justice.” 13. A few of the directions issued by the Three Judges Bench are quoted hereinunder:— “12. Apart from what we have stated above, we think it appropriate to issue the following directions which are the most fundamental and vital features to be provided at the earliest in all court complexes: 12.1.
A few of the directions issued by the Three Judges Bench are quoted hereinunder:— “12. Apart from what we have stated above, we think it appropriate to issue the following directions which are the most fundamental and vital features to be provided at the earliest in all court complexes: 12.1. Basic amenities such as adequate seating space for litigant public as well as lawyers, sufficient waiting area with seating arrangements, proper lighting and electricity, functional air conditioning/air-cooling/heating, accessible clean drinking water with Reverse Osmosis (RO) facility, clean and hygienic washrooms separate for men, women, transgenders and physically handicapped persons, kiosk and functional canteens selling beverages and eatables at nominal rates, preferably managed by court staff are some amenities and facilities which ought to be ensured at court complexes throughout the country. If these are missing in our court complexes, it would be an appalling situation which requires immediate rectification. 12.2. We must further ensure that all our court complexes are conducive and friendly for the differently-abled and towards this end, the court complexes must have certain features for the benefit of the vulnerable persons such as persons with disability or visually impaired persons. We have to move from disabled friendly buildings to workable and implementable differently-abled friendly court infrastructure. Ramps for such categories of persons must be operable, feasible, tried and tested. Such ramps should definitely have steel railings and handles. The court infrastructure must also keep in view the accessibility for visually impaired persons and, therefore, court complexes must have tactile pavements and signage in braille for the benefit of visually impaired citizens. That apart, for ensuring easy movement of common citizens in the court complexes, there must be maps and floor plans of the entire court complex at entry and exit points and visible signage and directional arrows with colour coding throughout the court premises. … 12.5. With the increase in motor vehicles, including cars and two-wheelers, it is imperative that court premises have sufficient and proper parking space to ease vehicular traffic and avoid crowding. All upcoming court complexes must have provision for both sufficient underground and surface parking facilities segregated into four broad categories — for Judges, court staff, lawyers and litigants. As far as the existing court complexes are concerned, the possibility and feasibility of constructing underground or multi-level parking facilities must be explored. … 12.8.
All upcoming court complexes must have provision for both sufficient underground and surface parking facilities segregated into four broad categories — for Judges, court staff, lawyers and litigants. As far as the existing court complexes are concerned, the possibility and feasibility of constructing underground or multi-level parking facilities must be explored. … 12.8. Crèche facility at nominal rates for toddlers, falling within the age group of 6 months to 6 years, of lawyers, clerks of lawyers, Bar Association staff and officers and employees of court registry must also be constructed. The said crèche facility must not be just for the namesake, it has to be both functional as well as effective with proper space and equipment such as baby proofing and other toddler-friendly provisions. That apart, the courts should have a proper atmosphere for children and vulnerable witnesses.” 14. The stress on infrastructure and its necessity for the realization of constitutional guarantees as also the cherished ideal of the rule of law is clear from the judgments of the Hon’ble Supreme Court quoted above and so while in the present context, the immediate needs and demands have been met, it cannot be gainsaid that a long road is yet to be travelled. 15. Needless to add, should there be any difficulty in implementing the understanding entered into between the parties, it shall be open for the President of the Bar Association to approach the Divisional Commissioner, Patna Division, who shall, of which we are sure, immediately redress the grievances, be it with regard to the establishment of additional infrastructure or device related to Artificial Intelligence infrastructure and automation of justice delivery system. 16. Needless to also add, all modern facilities, including the process of digitization; sanitation etc. shall be provided by the State. 17. The instant petition stands disposed of in the aforesaid terms. 18. Interlocutory Application(s), if any, shall stand disposed of.