BAR ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The Hon'ble Chief Justice of India in a recent speech observed like this : "Good Judicial infrastructure for courts in India has always been an afterthought. It is because of this mindset that courts in India still operate from dilapidated structures, making it difficult to effectively perform their function. Judicial infrastructure is important for improving access to justice and to meet the growing demands of the public that is more aware of its rights and is developing economically, socially and culturally. It is baffling to note that the improvement and maintenance of judicial infrastructure are still being carried out in an ad-hoc and unplanned manner."

(2.) The issue involved in this case is the construction of a court complex for functioning the trial courts in the Idukki District. The trial courts are the backbone of the Indian Judiciary. They are the decision makers in a lis. The appellate courts are only judging their decisions. If there is no proper infrastructure and proper atmosphere for the decision makers in the trial courts, that will be a threat to the justice delivery system itself. The present case is one such case, which will show the sorry state of affairs as far as the infrastructure of a court and the attempt to solve the issue is sabotaged because of red tape rules.

(3.) It is informed that 3 designated courts are functioning in District Headquarters at Idukki, namely, The Special Court under the POCSO Act, Idukki, Judicial First Class Magistrate Court, Idukki, and the Munsiff Court, Idukki. It is also informed that the Judicial First Class Magistrate Court, Idukki, and the Munsiff Court, Idukki were amalgamated and is functioning as Munsiff Magistrate Court. Attached to these courts, there are offices of Prosecutors and Government Pleaders. The courts and the attached offices are functioning now under the limited facility provided in the civil station at Kuyilimala in Idukki. It is the long standing dream of the lawyers, advocate clerks, and other litigant public to get a court complex for functioning the courts and its offices. This issue was mooted about 2 and a half decades back. On 15.1.1997, President, Bar Association, Idukki submitted a request in this regard to the Idukki Development Authority (for short 'IDA').