DB expresses serious concern over non-compliance of earlier directions

Excelsior Correspondent

JAMMU, Aug 13: In a Public Interest Litigation (PIL) regarding security of High Court as well as District Court Complex at Janipur, Division Bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice Sanjay Kumar Gupta today granted last and final opportunity of three weeks for filing the compliance report indicating the steps taken by the Planning Department for making available the requisite funds with a view to ensure adequate security in the court Complex.
When the matter came-up for hearing, Division Bench observed, “by virtue of order dated 05.06.2018, this court had highlighted the importance of fitting the lift of the High Court complex with an Auto Rescue Device (ARD) and Raman Sharma, Dy AG appearing on behalf of the respondents had assured that this issue had already been taken up with the concerned for approval and release of funds and that the needful shall be done within a period of two weeks”.
“This order had been passed as long as back on 05.06.2018 but nothing has been done in this regard”, the DB said.
On this, Senior Advocate Sunil Sethi appearing for the PIL filed by Sumit Nayyar submitted that the said device does not cost so much but nothing appears to have been done in the matter. “Any delay in the installation of the Auto Rescue Device could be dangerous for many senior lawyers and other litigants and that using the lift in absence of the Auto Rescue Device would render the user of lift totally unsafe”, he added.
Upon this, Division Bench directed Deputy AG to file a fresh status report on this issue positively within three weeks. The DB also directed Chief Engineer, Mechanical Division Wing to remain personally present on the next date of hearing.
On security related issues, DB observed, “by virtue of order dated 05.06.2018, the Principal Secretary, Planning Department was directed to formally grant approval for the balance amount of the projected cost of Rs. 627.38 lakh for construction of boundary walls, installation of CCTV cameras as also the construction of guard rooms. Dy AG was granted another opportunity by virtue of order dated 11.07.2018 to do the needful. However, no response is forthcoming on the decision taken by the Planning Department”.
Accordingly, DB granted last and final opportunity of three weeks for filing the compliance report.
With regard to the installation of Baggage X-ray machines, the Registrar General was to allocate a suitable space for installation of such machines, which was to be done in consultation with the Principal District Judge, Jammu and the Officer Incharge of the security of the court premises but no status report has been received till date, the DB observed.
Accordingly, Division Bench directed Registrar General to file a status report with regard to compliance of the directions passed vide order dated 05.06.2018 within three weeks.
DB further observed, “by virtue of order dated 12.10.2017, this court had directed the Senior Superintendent of Police (Traffic), Jammu to ensure that no parking would be permitted on the road leading to the parking lots and all offending vehicles would be removed immediately”.
Senior Advocate Sunil Sethi and Advocate  Abhinav Sharma submitted that there should be a vehicle of the Traffic Police permanently stationed in the premises, with a view to tow-away such vehicles, which are parked on the roads and not in the parking lots. It was further stated that the directions earlier issued to the Senior Superintendent of Police, Traffic, Jammu had not yielded the desired results.
“Since the matter pertains to the parking by the Advocates’ themselves, it would be appropriate to have suggestions of Senior Advocate B S Slathia in his capacity as the President of the Bar Association, Jammu”, the DB and directed Registry to list this matter on September 5, 2018. In the meanwhile, Senior Superintendent of Police, Traffic, Jammu was directed to ensure that the order dated 12.10.2017 be complied with  in its letter and spirit.