Court Censures State's Inaction on Establishing Special Courts for NDPS Cases and Demands Immediate Budgetary Transparency
In a significant directive, the Himachal Pradesh High Court has imposed a fine of Rs. 10 lakh on the State Government for its failure to develop adequate judicial infrastructure, including the establishment of Special Courts to manage the backlog of NDPS (Narcotic Drugs and Psychotropic Substances) cases. This decision came as part of the ongoing proceedings in CWPIL No. 46 of 2023, where the court took suo motu cognizance of the State's inaction.
The Division Bench, comprising Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj, expressed its dissatisfaction with the State's repeated failure to act on its constitutional obligations. Despite numerous directives from the court and requests from the Union Ministry of Law, the State has not taken substantial measures to enhance the judicial infrastructure, which is crucial for tackling the increasing number of pending cases.
During the proceedings, the court reviewed an affidavit by Mr. Kamlesh Kumar Pant, Additional Chief Secretary (Home), and noted the lack of concrete action. The court pointed out that although the State had made verbal assurances and commitments, these promises remained unfulfilled. The court highlighted the State’s lack of action even after being informed about the necessity for additional judicial posts and infrastructure.
The court also scrutinized budgetary allocations for the judiciary and demanded transparency. It instructed the Principal Secretary (Finance) to provide detailed information about the budgetary provisions for the judiciary for the upcoming year compared to the previous year. This information is crucial in understanding whether there has been any enhancement in the allocation to support judicial infrastructure development.
Furthermore, the court emphasized the importance of creating Special Courts to handle the rising number of NDPS cases, highlighting the Ministry of Law's repeated requests for the same. The court observed that the State's assurances about eradicating drug-related issues in Himachal Pradesh appeared to be mere rhetoric without action.
The imposed fine of Rs. 10 lakh is to be deposited with the Registry of the High Court. The court warned of harsher penalties if proactive measures are not initiated by the next hearing date, set for May 4, 2026. The bench's order underscores the State's constitutional duty to provide adequate judicial infrastructure, a necessity for the efficient administration of justice.
Bottom Line:
Judiciary Infrastructure - State's failure to take proactive steps for creating adequate judicial infrastructure, including Special Courts, results in the imposition of costs on the State.
Statutory provision(s):
- Judiciary Infrastructure Development
- Narcotic Drugs and Psychotropic Substances (NDPS) Act
- Constitutional obligations for judicial infrastructure
- Budgetary allocation for judiciary
Court on its own motion v. State of H.P., (Himachal Pradesh)(DB) : Law Finder Doc id # 2879675
