UPADHYAY R. D. Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) By our order dated 1-11-2000, R.D. Upadhya v. Union of India, 2002 10 SCC 491 we had called upon all the State Governments and Union Territories, through their respective counsel to furnish information with regard to steps taken for creation of more courts and appointment of judicial officers; for filling up of existing vacancies in the subordinate judiciary; about construction of new court buildings and providing of infrastructure for those courts. Four weeks time was granted to learned counsel for the State Governments and the Union Territories to furnish the requisite information on affidavits. More than four months have gone by. The States of Assam, Goa, Karnataka, Himachal Pradesh, Haryana, Jammu & Kashmir, Rajasthan, Sikkim, Uttar Pradesh, West Bengal besides the Union Territories of Chandigarh, Andaman & Nicobar, Daman & Diu, Dadra & Nagar Haveli, Lakshadweep, Pondicherry and NCT of Delhi have not filed their responses so far. No explanation, whatsoever, is forthcoming for this lapse on the part of the State Governments and the Union Territories. This callous indifference of the States in not furnishing the information, asked for by this Court, is highly objectionable. Speedy trial has been held by this Court to be a fundamental right of the undertrials. Because of existing vacancies and shortage of Judges, this right is being frustrated. The Governments do not appear to be realising their responsibilities in spite of the concern voiced by us. We take serious note of it. As a last opportunity, we grant five weeks further time to the defaulting State Governments and the Union Territories to furnish the information asked for. All the State Governments and the Union Territories, who are in default shall, however, deposit a sum of Rs. 5000 each, by way of costs in this Registry for the lapse committed by them in not furnishing the information within the prescribed time. If the information is not furnished within the next five weeks, as directed above, on the next date of hearing the Home Secretaries of each of the State Governments and the Union Territories, who remain in default, shall be personally present to explain the conduct of their Government.

(2.) A copy of this order shall be communicated to the Chief Secretaries of every State and Union Territory by the Registry.

(3.) The Standing Counsel for Jharkhand, Chhattisgarh and Uttaranchal are also directed to furnish information asked for in the order of the Court dated 1-11-2000 within the next five weeks.