HC terms Punjab’s failure to build judges’ residences ‘strange’ and ‘shocking’

The Punjab and Haryana High Court on Friday came down heavily on Punjab over the continued absence of permanent residential accommodation for judicial officers in multiple districts, describing the situation as “strange” and “shocking” while granting a limited extension of time to comply with earlier directions.

Taking up the matter of compliance with its September 12 order, the Division Bench headed by Chief Justice Sheel Nagu noted that district and sessions judges of Moga, Mohali and Pathankot were still staying in requisitioned premises.

The Bench observed the state had failed to ensure basic official housing despite these districts being in existence for years. “Why is it so? This is not only strange but shocking,” Chief Justice Nagu remarked while asking for an explanation.

The proceedings unfolded against the backdrop of Punjab’s plea to seek modification of the September 12 order, which had directed that the Deputy Commissioner’s guest house and the Senior Superintendent of Police’s residence in Malerkotla be vacated “forthwith” for use by the district and sessions judge and also asked the Building Committee to revisit the status of two makeshift courtrooms.

Arguments before the high court were heard shortly after developments in the Supreme Court, where Senior Advocate Abhishek Manu Singhvi, appearing with Advocate-General Maninder Singh Bedi, sought three months to show progress.

The Bench, during the course of hearing, said the Supreme Court had granted liberty only to seek more time — not to reopen substantive issues — when the state withdrew its Special Leave Petition on November 14. Besides this, the SLP did not disclose that Punjab’s review plea had already been dismissed on October 1.

The state counsel submitted that two additional courtrooms had been constructed in Malerkotla and that work on the family court was underway. He said new architectural designs for judicial housing had been sent to the Building Committee on September 25 and were pending approval. He also referred to a technical report declaring the guest house and SSP residence unsafe for conversion into courtrooms.

The Bench remained unconvinced, while pointing at delay in construction of judicial infrastructure in Gurugram. “We have seen how the state functions. In Gurugram, we are still waiting for that Tower of Justice,” Chief Justice Nagu commented, adding that Haryana was better in the matter.

Punjab urged the court to consider administrative hurdles in vacating the DC and SSP residences owing to the presence of a police control room and other operational offices. The State counsel submitted that the transition was causing “severe pressure” and requested additional time before the state was held liable for non-compliance. “For the time being, we are granting you time to comply with the order dated September 12,” the Bench said, listing the matter for December 5.