ADITYA VALLABH TRIPATHI Vs. STATE OF M P

JUDGEMENT

(1.) THIS 'public Interest Litigation' has been filed by four petitioners-Advocates, namely Sarvashri Aditya Vallabh Tripathi, Triyugi Narain Dixit, Sanjeev Mishra and Pawan Pathak, showing their concern regarding huge pendency of criminal cases and delay in trials due to non-service of summons/warrants due to withdrawal of Court-moharrirs. Initially, the aim was regarding the nonavailability of Court-moharrirs and inadequate staff of police-force.

(2.) ON21-7-1999 the matter had come up for hearing. After considering the pleadings of the parties and specially the stand taken in the counter-affidavit that even if a Court Moharrir (Constable) is withdrawn, it is ensured that other Court-moharrir (Constable) is posted to facilitate the judicial work, the report of the District and Sessions Judge, Gwalior was called for.

(3.) THE District and Sessions Judge, Gwalior had submitted the reports dated 19-8-99 and 16-9-99. It is mentioned in the reports that in some Courts the Court-moharrirs are there while in some Courts they are provided for half-day to work. The matter then came up for hearing on 27-7-2000 and it was on that day that Shri R. D. Jain, Sr. Counsel appearing as Amicus-Curiae argued the matter and submitted that because of non-service of summons/warrants, the cases are pending. It was also pointed out that even ADPOs are not in sufficient number and the Courts are functioning without the prosecutors. Under the circumstances, this Court directed that the matter be examined by the respondent Nos. 1, 2 and 3, and the detailed affidavits be filed. The Superintendent of Police, Gwalior/respondent No. 5 was also directed to examine the matter and submit his report.