#CourtInfra: You release funds so that they can lapse, Bombay HC asks the State

The Government of Maharashtra continues to have court infrastructure at the bottom of it’s priorities. At least that is the impression one gets after today’s hearing in the Bombay High Court..Justices Abhay Oka and PD Naik were hearing a suo motu PIL initiated after a detailed note submitted by the court’s Registrar General painted a grim picture of court infrastructure in the state. The note was submitted in 2010..Six years later, there seems to be little improvement..In previous hearings, the state had been pulled up for releasing funds at the end of the financial year. This was also recorded in an order passed in April last year..This order clearly stated that if funds are allocated at the end of the financial year there is every possibility that they will lapse..Which is exactly what has happened. Allocated for the year 2015-16, 2.10 crores were for minor repair works in court buildings, as well as residential quarters for judicial officers. However this was only released on March 28 this year. Funds of another 2 crore, for purchasing laptops for judicial, were sanctioned by a government order dated March 31 2016..On this Oka J said,.It seems that you release funds so that they can lapse. Now the amount has lapsed, all this has been done not withstanding orders of this court (referring to order dated 13/8/2015 in another matter). .A large number of judicial officers have been appointed in the past two years, these funds are meant for laptops to be used by them. If the state does not want that it should take a bold stand saying we want these officers to use old and obsolete laptops. .Struggling to defend the state’s position in the matter, government pleader Abhinandan Vagyani said –.Sometimes the Judicial department fails to deliver in terms of placing bills before the legislature and getting funds sanctioned. This may be because of a lack of expertise and experience..You maybe right about that– Oka J chuckled..Concluding his observations in the matter, Oka J said-.Funds have lapsed only because of gross delay by the state in releasing them. Apart from the funds released for this financial year, it is now the state’s obligation to make sure that these funds (that have lapsed) are also released, on or before May 2..The matter has been adjourned to May 3 by which time, the State is expected to file a reply on all pending issues including the installation of borewells in all courts across the state..The fact of the matter is that the Maharashtra is not the only state where judicial infrastructure does not figure high on the priority list..According to this TOI report, the central government has noted that state governments do not do enough to improve court infrastructure. In fact, Law Ministry data reveals that most states do not utilize more than 1% of the money allocated for judicial infrastructure.