The Nagpur Bench of Bombay High Court has demanded immediate release of funds from the state authority after court halls heavy had a heavy leakage due to a leaky ceiling.
A Bench of Justices SB Shukre and AS Kilor asked how the Court is expected to discharge its duties with one of its court halls leaking during rains, possibly due to incomplete repair works.
A video recording of the leakage was also shown to the Court during the hearing of the 2015 public interest litigation moved by High Court Bar Association, Nagpur.
After looking at the video, the Court remarked that this was not a case of droplets or trickles but heavy showers inside the court room.
The Court said, “We find that a porous roof of Court hall letting in rain water, not in drops or trickles, but heavy showers is much more than a disability, it is an obstruction, for a justice-seeker and justice-dispenser”.
If the Court rooms are leaking in this fashion would it be possible for the High Court to dispense justice, the Bench demanded.
Emphasising the constitutional duty of the State, the Court said that State has a constitutional duty to ensure that adequate funds and infrastrcture are provided to courts.
“We would like to remind the State of its constitutional duty towards providing of workable and effective infrastructure and adequate funds to the third pillar of our democracy which is judiciary so that judiciary is able to perform its sovereign function and discharge its constitutional duty in an effective manner,” the order said.
The Bench urged State authorities to consider the urgent infrastructural and financial needs of this Court and release funds immediately.
“We, therefore, request the State authorities to consider urgent infrastructural and financial needs of this Court and make adequate provisions and also release the funds immediately so that the opportunities for securing justice are not denied to any litigant. After all, a leaking Court hall, rather water pouring Court hall, lack of adequate space in Courts, absence of Court buildings etc. are some of the physical obstacles in dispensing as well as securing justice, and it is the constitutional duty of the State to remove them without any delay,” the Court ordered.
