"Heavy showers" inside court room of Nagpur Bench of Bombay High Court due to leaky ceiling prompts Court to demand immediate funds for repair

Heavy showers inside one of the court halls of the Nagpur Bench of Bombay High Court due to a leaky ceiling, has prompted High Court to demand immediate release of funds from the State authorities (High Court Bar Association, Nagpur v. State of Maharashtra & Ors.)..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 a 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. "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," the Court said. If 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 infrastructure 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..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.Bombay High Court .The Bench, therefore, urged the 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. .Advocate Sudhir Puranik, appearing for the petitioner association, submitted that the leakage from the court ceiling seemed to be because of some ongoing repair work.There were several civil and electrical works which were undertaken after grant of administrative approval, Puranik said, adding however that the State government was hardly providing any funds. He submitted that the work was stopped by the contractor perhaps due to lack of funds despite administrative approval for the work.The contractor had also spent about Rs. 1 crore from his own resources, Puranik claimed. .If the Court rooms are leaking in this fashion would it be possible for the High Court to dispense justice?Bombay High Court .There had been complaints that the civil works required at the Nagpur Bench was not given due importance by the State government and the state authorities held back their hands while releasing funds, Puranik alleged. The Court highlighted that they had passed orders on two occasions directing the State to ensure the contractors doing civil works are paid within a specified period of time after submission of financial bills.To ensure compliance with the orders, the Court directed the Registry to send a copy of the previous orders to the the Registrar General of this Court, Principal Secretary, Law and Judiciary, Mantralaya Mumbai and Principal Secretary, Public Works Department, Mantralaya, Mumbai..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.