SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand, C.J., M. Jagannadha Rao and V.N. Khare, JJ.

Writ Petition (C) No. 559 of 1994 with Crl. Appeal No. 69 of 2000. D/d. 1.11.2000.

R.D. Upadhya - Petitioner

Versus

State of U.P. and others - Respondents

A. Subordinate judiciary - Vacancies and inadequacy of infrastructure - Solicitor-General requested to ascertain whether any special allocation of funds has been made by the Central Government for creation of more courts and, if so, the manner of allocation of those funds - Response expected from the Union Government in this behalf in four weeks - State/Union Territories shall also file their affidavits in four weeks.

[Paras 3 and 4]

B. Constitution of India, Article 21 - Prisons - Children in jail - Plight of little children on account of arrest of their mothers for certain criminal offences - Directions issued to Solicitor-General to examine applications regarding and to assist Supreme Court in framing and issuing guidelines, if necessary.

[Para 6]

ORDER

WP (C) No. 559 of 1994

Dr. A.S. Anand, C.J. - In the subordinate courts of the country there is a huge pendency of cases both on the civil and criminal side. There are many causes for docket explosion. Remedial steps are required to be taken by all concerned to retain the faith of the common man in the administration of justice and rule of law. While one of the causes of pendency also is non-filled vacancies in the existing courts, another cause is shortage of courts and insufficiency of infrastructure. From a perusal of affidavits filed by various High Courts, we find that requisitions/requests have been made to the State Governments by the High Courts for creation of more courts, for filling up of the vacancies and for appointment of more judicial officers. Information is, however, not forthcoming from various State Governments and Union Territories as to how those requisitions/requests from the High Courts have been dealt with.

2. Learned counsel appearing for various State Governments and Union Territories submit that they shall ascertain the position from their respective State Governments/Union Territories whether any requisitions/requests have been made and, if so, for how many courts/judicial officers such requests have been made and what steps, if any, have been taken to create those courts so that justice is not denied by sheer delay.

3. Mr. Altaf Ahmed, learned Additional Solicitor-General was sent for and has been requested to ascertain whether any special allocation of funds has been made by the Central Government for creation of more courts and, if so, the manner of allocation of those funds. We expect a response from the Union Government in this behalf in four weeks.

4. Learned counsel for the States/Union Territories shall also file their affidavits in four weeks.

5. In the meanwhile, the learned Amicus Curiae, Shri Ranjit Kumar shall update the charts already filed by him dealing with the under trial prisoners and pending cases.

IAs Nos. 1 and 7

6. Through these applications our attention has been invited to the plight of little children on account of arrest of their mothers for certain criminal offences. They have perforce to stay in jail with their mothers for no fault of theirs. In some cases, it may be because of the tender age of the child, while in other cases, it may be because there is no one at home to look after the child and take care of the child without the mother. The jail atmosphere is certainly not a congenial atmosphere for development of these children. Something needs to be done so far as these children are concerned. It shall have to be considered whether detention in custody of undertrial women prisoners with small children is absolutely necessary, even in cases which are not so serious. Before we proceed to consider this issue any further and seek suggestions from various State Governments, we consider it appropriate to direct that copies of both these applications be sent to the learned Solicitor-General, who may examine the matter and assist the Court in this behalf to frame and issue some guidelines, if necessary. Let the required record be sent to the learned Solicitor-General within 10 days by the Registry.

7. The matter shall come up after four weeks for further consideration.

IA No. 4

8. Mr. H.K. Puri, learned counsel appearing for the State of West Bengal submits that he has not been able to study the report of the Chief Judicial Magistrate, Howrah dated 15-1-2000. We grant him two weeks time to study the report. The matter shall be listed after two weeks at 2.00 p.m. on a date to be fixed by the Registry in consultation with the learned amicus curiae.

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