Punjab and Haryana High Court orders SDM to vacate office for judges to hear cases

The Punjab and Haryana High Court recently ordered a Sub-Divisional Magistrate (SDM) in Punjab to vacate his office to enable judicial officers to hear court cases in the building..The Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal took a stern view of lack of judicial infrastructure in Punjab and ordered the State to expedite the process of increasing courtrooms in the state."This Court takes a serious view of the sad situation where it seems that the State of Punjab is treating the third pillar of democracy (Judiciary) very shabbily,” the Bench said..It was hearing a batch of petitions related to judicial infrastructure in Punjab, Haryana and Chandigarh. In this matter, the Court has also been monitoring the availability of residential accommodations of the judicial officers. When the matter was heard on December 20, the Bench was informed that in Sub Division Derabassi of Mohali district, three Judicial Officers were holding court on the ground floor of a double-storied building while SDM’s office was on the first floor.“If we compare the condition of the SDM’s office on the first floor and the condition of the 03 Judicial Courts on the ground floor, there is a stark difference. The SDM’s office on the first floor is renovated, well furnished and well kept in a habitable state, whereas the ground floor of the same building housing three Courts is dilapidated and is virtually screaming for repairs and renovation,” the Court said..Considering the situation and the State’s inaction, the Court said it is left with no other option but to direct the SDM to vacate the premises on the first floor.Therefore, it ordered the State to issue an allotment order of the entire building on the first as well as ground floor in favour of the Sub Divisional Judicial Courts, Derabassi, Mohali for occupation of the judicial officers for holding court.It directed that this exercise of vacating as well as issuance of fresh allotment order be done within a period of two weeks.“The State of Punjab shall also ensure that the repairs of the ground floor of the said building are completed before the next date of hearing and compliance report is filed along with photographs of the ground and first floor in repaired, fully furnished and habitable state,” the Court further ordered..Meanwhile, the Court also flagged that the majority of the houses, where judicial officers in Punjab are living, were in a dilapidated state with no repairs having been carried out for years.The Bench particularly highlighted the situation in Amritsar district where none of the 38 houses allotted to the judicial officers are habitable.“Another shocking aspect as regards the condition of houses if we take the example of District Amritsar is that out of 38 houses which are available and some of which have been occupied, 12 are under minor repairs and the remaining 26 are under major repairs and, therefore, none of the 38 houses allotted to the Judicial Officers by the Government of Punjab are habitable,” it added..This situation becomes all the more grim in places like Ludhiana where the availability of judicial officers is 91 as against which only 33 houses are available, it further noted.“This Court is compelled to pass stringent orders to avoid the situation from becoming worse in the face of a new batch of newly recruited judicial officers joining in March/April, 2025,” the Bench said, as it listed the matter for consideration on January 7..Advocates SS Behl and Gaurav Vir Singh Behl represented District Bar Association, Malerkotla.Senior Advocate Gaurav Chopra with advocates Shobit Phutela and Sanya Kapoor represented the High Court. Deputy Advocate General Salil Sabhlok represented State of Punjab..[Read Order]