Delhi High Court pulls up Delhi Government for making subordinate judiciary run from pillar to post for funds

The Court has directed that Rs 2.52 crore be immediately released from its own fund to facilitate the recruitment process before district courts.
Delhi High Court
Delhi High Court
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Dismayed at Delhi Government's lack of alacrity in sanctioning funds for the functioning of district courts, the Delhi High Cours today directed that an amount of Rs 2.52 crore be released from its own budget for the purposes of a recruitment drive. (Anand Vaid vs Preety Vaid vs Ors)

A Division Bench of Justices Hima Kohli and Subramonium Prasad remarked,

Thank God we have our own funds. You are making subordinate judiciary run from pillar to post.

As per the order, the amount shall be returned to the Delhi High Court by the Delhi government on or before December 31.

 Hima Kohli and Subramonium Prasad
Hima Kohli and Subramonium Prasad

The Court was dealing with a case concerning the sanctioning/ re-validation of budgetary allocations for the subordinate judiciary by the Delhi Government.

The Court today noted that in spite of several orders, the files pertaining to the grant of funds to assist district courts in the efficient discharge of their functions were still pending.

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Such sanctions are required for several purposes including the hiring of support staff and buying over 100 official vehicles for judges.

All such issues have been hanging fire for a long time. Delhi Government was directed to process the files by mid of July 2020. (But) the government has been procastinating.
Delhi High Court said.

Today, the Court also took into account a status report filed by Principal District and Sessions Judge (West) on how the recruitment drive for several posts in district courts had come to a halt due to lack of funds.

The Court was informed that any further delay in the recruitment process could not be afforded as 150 more judicial officers were set to join office in the coming months.

In view of the above, the Court directed that Rs 2.52 crore be released immediately from its own fund for this recruitment process.

The Court further directed that out of the request for the procurement of 119 pool cars for judicial officers, 23 vehicles shall be purchased by the Delhi Government within three months.

The Court also noted that over Rs 3 crore had been collected from the candidates who have applied for the posts as fees but the same was deposited with the Delhi Government.

Stating that any obstruction in the discharge of constitutional function of the courts must be viewed seriously, the Court recorded,

In the year 2018-19, the District Courts had collected fines to the tune of Rs.80 crores, which was remitted to the Delhi Government and court fee worth Rs.96 crores was sold in the said year. In the year 2019-20, fines worth Rs.89 crores was collected by the District Courts and court fee worth Rs.102 crores was sold. Between 01.07.2019 to 12.10.2020, traffic fines to the tune of Rs.115 crores have been collected by the virtual Traffic courts and deposited with the Delhi Government. Despite the aforesaid revenue generated by the District Courts over the past three years, they are being starved of finances for the basic facilities required to run the courts efficiently, which cannot be countenance.

Additional Standing Counsel, Santosh Tripathi submitted that he has impressed upon the highest authorities about the impasse in the present case and assured that two more weeks may be granted to the government to place the matter before the cabinet.

He, however, stated that it would be possible to state a timeline for complete resolution.

In view of the statement, the Court adjourned the matter till December 3.

Advocate Sanjoy Ghose with Reetesh Singh, OSD (Examination) appeared on behalf of the Delhi High Court.

Read the Order:

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Anand Vaid vs Preety Vaid - Oct 21.pdf
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