Deepak Kumar Pandey Petitioner v. Registrar General, High Court Of Judicature At Alld. & 4 Ors. S

Hon'ble Sudhir Agarwal, J.

Hon'ble Suneet Kumar, J.

1. This matter has come up today pursuant to our order dated 26th June, 2014. Sri Manish Goyal, learned Advocate has put in appearance on behalf of respondent nos. 1 and 2, Learned Standing Counsel is present for respondent nos. 3 and 4 and Sri Nisheeth Yadav, learned Advocate is present for respondent no. 5.

2. Sri Goyal states that objective of this writ petition and concern shown by petitioner with regard to the cleanliness of Court as also security conditions is highly laudable and on administrative side the High Court shall take all such steps as are necessary for the same and, in particular, comply to all the directions, if any, issued by this Court. He also informed that in compliance of order dated 26 June, 2014, Registrar General has already issued letters to all the District and Sessions Judges across the State as also to the President and Secretaries of Bar Associations at Allahabad and Lucknow, and copies of those letters dated 28 June, 2014 have been placed on record. Many of the Learned Advocates who are present in the Court, also said that need for cleanliness and effective steps for security of High Court is extremely necessary and they all welcome these steps which have already been taken or to be taken by Court. Certain Senior Advocates present in Court as also Sri V.C Mishra, learned Advocate General, U.P who is also present, have unanimously appreciated the cause for which the petitioner has come up.

3. So far as matter regarding District Courts is concerned, presently, except whatever we have said in our order dated 26 June, 2014, we find no reason to pass any further order or direction at this stage. Let District Judges and Bar Associations of Advocates' practising in subordinate courts, after receiving communication from Registrar General of this Court, place their point of view, whereafter, their matter would be considered on the next date.

4. At this stage, we confine our directions only in respect of High Court premises at both the places i.e at Allahabad and Lucknow.

5. Certain directions are already contained in our order dated 26 June, 2014, but they were noticed only as wide propositions and ideas. Now looking to the need of hour and support by respondents no. 1 and 3 as also members of Bar, we are issuing following directions which need be implemented at this stage:-

(I) Entry of any vendor, for sale of tobacco and its any form or item in which it is contained, or for sale of paan, gutkha, tea, snacks etc., shall be prohibited in the Court premises. Obviously, this direction would not apply to the sanctioned Canteens which would run in the premises, at places specified therefor, but would not be allowed to carry eatables etc. in the Court campus, i.e outside their specified place.

(II) In case, eatables are taken from Canteen(s) to Advocates' Chambers, the responsibility of cleanliness etc. of Chambers as well as outside the chambers would be of those Advocates to whom Chambers or seats are allotted.

(III) In the Advocate Chambers and seats, if tea, snacks etc. are consumed, it will be the personal responsibility of the individual counsel to ensure cleanliness around his Chamber/Seat.

(IV) Any Advocate, litigant, official or any other person found throwing something, smoking or spitting in the gallery, wall or any other place of the Court (i.e Corridor, Galleries, Courtrooms, Registry and Sections) shall be punished immediately with a fine of Rs. 200/- for each such violation. This prohibition shall also apply to other places like Advocates Chambers etc. but the amount of fine in case of any violation thereat would be Rs. 100/- for each violation.

(V) Any person from amongst registered/un-registered Advocate Clerks or the Advocates on Roll, if found to have violated the aforesaid directions and fined five times, then his identity card shall be forfeited for a period of one week and he shall not be allowed entry in the Court premises for such period.

(VI) C.C TV Cameras in adequate numbers shall be installed at various appropriate places in the Court premises so as to keep strict vigil/surveillance over the activities and also to find out violators, if any. Installation of C.C TV Cameras shall be completed and made functional within two months’.

(VII) The Registrar General shall post required number of officials, whether of High Court or Security personnels, to check any unwanted activity of smoking/spitting/throwing any waste material etc. and to impose fine. In case any dispute in this regard is raised, final decision shall be taken by the Registrar General or any person nominated by him, after seeing footage from C.C TV cameras.

(VIII) Registrar/Joint Registrar/Officers of Nazarat Section shall take at least a round every day, without fail, of lawns/open space appurtenant to portico and chambers of Hon'ble Judges to ensure that no garbage or rubbish is found. They will also ensure proper sanitation of common lavatory as often it is found severely stinking while passing through the corridors facing them. In case of any such lapse, the aforesaid officers shall be held responsible.

DIRECTIONS FOR SECURITY PURPOSES

(IX) Washroom facility/Lavatory for females, at least, at three places, for the time being, shall be made available forthwith.

(X) In the High Court, a roll of Registered Clerks and Unregistered Clerks to Advocates, duly verified by the Advocates on Roll, shall be prepared. Such clerks shall be issued Identity Cards which they shall carry during their stay in Court campus and would show whenever demanded. Advocate Clerks shall wear ‘black coat’ in the Court campus and without black coat they shall not be allowed to enter the Court premises.

(XI) All Advocates on Roll shall also be issued Identity Cards which they would carry while being in Court campus.

(XII) The identity cards issued to Staff of this Court shall also be kept by them throughout during their presence in the Court campus and whenever it is required, it shall be shown to the security personnels or the officials of the Court, assigned such duty of checking. The employees of this Court to whom uniform has been prescribed, they shall come in uniform, failing which, Registrar General or by such person authorised by him, would impose fine for each violation and if such violation continues for five days, adverse entry shall be awarded to such persons, besides taking other disciplinary action.

(XIII) The Roll of registered/unregistered Advocate Clerks, as directed above, shall be prepared by the Registrar General within six weeks' and Photo Identity Cards shall be issued to them within fifteen days thereafter. Photo Identity Cards to Advocates' on Roll shall be issued within one month.

(XIV) Any other person shall not be allowed entry in the Court premises, unless entry pass is issued, for which requisite arrangement shall be made by the Registrar General at appropriate place. If, Advocates coming from outside and who are not on Advocate Roll, shall not be allowed entry without entry pass.

(XV) Security arrangement in High Court shall be made in principle, in the same manner, as has been deployed in Supreme Court of India. Registrar General of this Court, in consultation with the Chief Secretary, U.P, Principal Secretary (Judicial) & L.R and Principal Secretary (Home) shall finalise all the modalities and get security arrangements made effective and functional as directed above, within two months' i.e by 10.09.2014 The State Government shall ensure that there shall be no financial constraint in this matter, since no compromise can be permitted in respect of security arrangements for the High Court.

(XVI) Registrar (Protocol) of this Court shall ensure a regular survey of Courts/Corridors as also the galleries facing Judges' Chambers. Wherever necessary, security personnels in adequate numbers shall be deployed.

(XVII) Registrar/Joint Registrar/Officers of Nazarat shall make frequent surprise checking to prevent unauthorized persons, loitering in corridors of the Court.

6. Let this matter be listed again on 18 August, 2014 for further hearing and orders.