Subordinate Judiciary: Amicus highlights irregular fund distribution, shortage of accommodation in SC

The Supreme Court yesterday took up the suo motu case concerning vacancies and infrastructure in the subordinate judiciary. The Court was apprised of certain issues concerning the disbursal of funds to different states for the purpose of developing court infrastructure, as well as the provision of accommodation for judicial officers..Amicus Curiae, Senior Advocate Vijay Hansaria, was assisted by Advocate Sneha Kalita in respect of the States of Madhya Pradesh, Tamil Nadu, Puducherry and Bihar, and by Advocate Avnish Pandey for Punjab, Haryana, Chandigarh and Odisha..Hansaria apprised the Court that the states and High Courts have expedited the filling of vacancies and infrastructure activities for the subordinate judiciary only after the order passed by the Court on December 5, last year..He also submitted to the Court that vide a policy decision dated December 15, 2012, the Central government had designed a scheme wherein the fund sharing pattern between the Centre and the States was revised from the year 2015-16 in the ratio of 60:40 for development of infrastructure facilities for the judiciary. .Regarding disbursal of funds under the scheme, Hansaria highlighted that the Centre was not distributing the funds uniformly to all states. For example, Bihar received Rs. 204.03 crore in the last four years, whereas Odisha did not receive any funds in the last five years..In view of this submission, Solicitor General Tushar Mehta was called upon by the Court, and asked to personally look into the matter as to why such a difference existed, thereby affecting the administration of justice due to lack of infrastructure. Mehta assured the Court that he would look into the matter with the Amicus and take necessary action. .Another issue highlighted by Hansaria was regarding the acute shortage of residential accommodation in the States..While most states reimburse full rent to the judicial officers in case of non-availability of government accommodation, the states of Bihar and Odisha only reimburse 10% to 20% of basic pay towards rent. Therefore, a request was made by the Amicus to direct these states to reimburse full rent to the judicial officers. Accordingly, the Apex Court has directed the High Courts of Bihar and Orissa to do the needful..The case is being heard by a Bench of Chief Justice of India Ranjan Gogoi and Justices L Nageswara Rao and Sanjay Kishan Kaul..See the status report filed concerning the measures taken to fill subordinate court vacancies in Madhya Pradesh, Tamil Nadu, Puducherry, Bihar, Punjab and Haryana, Chandigarh and Odisha:.Read the Policy Decision dated December 15, 2012: