Patna High Court - Orders
Md. Shahid Alam vs The State Of Bihar & Anr. on 30 April, 2014
Author: Birendra Prasad Verma
Bench: Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.343 of 2012
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Md. Shahid Alam
.... .... Petitioner/s
Versus
The State of Bihar & Anr.
.... .... Opposite party/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar Prasad, Advocate
For the State of Bihar : Mr. Rampriya Sharan Singh, Addl.P.P.
For the Opposite Party No.2 : Mr. A. Mannan Khan, Advocate
Mr. Anamul Haque, Advocate
For the Opposite Party No.3 : Mr. Satyabir Bharti, Advocate
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
21 30-04-2014In the present proceeding, different orders have been passed from time to time for establishment of Family Courts as also District Judgeships/Sessions Divisions in the remaining seven Revenue Districts of Banka, Supaul, Araria, Kishangani, Lakhisarai, Sheikhpura and Arwal.
By an order dated 30.7.2012, this Court had noticed that under the mandates of Section 3 of The Family Courts Act, 1984 ( in short „the Act‟), the State Government after having consultation with the High Court is obliged to establish Family Court by issuing a proper notification. Indisputably, the provisions of the Act came into force in the State of Bihar by virtue of notification issued on 10.12. 1991 by the Central Government in terms of section 1 (3) of the Act.
2 Patna High Court CR. REV. No.343 of 2012 (21) dt.30-04-2014 2/6Admittedly, in the State of Bihar, there are altogether 38 Revenue Districts and till date only in 31 Revenue Districts, Family Courts as also District Judgeships/Sessions Divisions have been established and are functional, but in seven Revenue Districts, referred to above, neither Family courts have been established nor the District Judgeships/Sessions Divisions have been created, despite recommendations made by the Patna High Court in its administrative side vide letter No. 12535 dated 4.12.2007 and letter No. 12888 dated 13.8.2008.
In the aforesaid factual matrix, the Chief Secretary, Govt. of Bihar, Patna, as also the Secretary, Department of Law, Govt. of Bihar, Patna, were called upon to file their affidavits separately as to why the Family Courts as also the District Judgeships/Sessions Divisions are not being created/established in the aforesaid remaining seven Revenue Districts.
In compliance of the orders and directions issued by this Court, the Chief Secretary, Govt. of Bihar, Patna, as also the Secretary, Department of Law, Govt. of Bihar, Patna have filed their affidavits separately from time to time apprising this court about the developments and progress having taken place for the purposes of establishing the Family Courts as also District Judgeships/Sessions Divisions in the aforesaid remaining seven Revenue Districts.
On 25.9.2013, when the matter was taken up for consideration, Mr. Lalit Kishore, learned Principal Additional Advocate General, appearing on behalf of the State of Bihar as also the aforesaid two functionaries, by referring to the affidavits filed on their behalf, had submitted that efforts are being made to make Family Courts as also District Judgeship/Sessions Divisions 3 Patna High Court CR. REV. No.343 of 2012 (21) dt.30-04-2014 3/6 functional at least in two Revenue Districts out of the three Revenue Districts of Supaul, Araria and Lakhisarai within this year i.e. before completion of the year 2013. However, on his request the matter was adjourned, enabling him to obtain further instructions for apprising this Court about further progress made in compliance of different orders passed by this Court from time to time.
In compliance of the aforesaid order dated 25.9.2013, separate counter affidavits were filed on behalf of the Chief Secretary, Govt. of Bihar, Patna as also the Secretary, Department of Law, Govt. of Bihar, Patna and this Court had, therefore, recorded in the order dated 13.11.2013 as under :-
"In the counter affidavit filed on behalf of the Secretary, Department of Law, Govt. of Bihar, Patna, it has been categorically stated in paragraph 4 that infrastructures have been created in the Districts of Supaul, Araria and Lakhisarai for creation of separate Judgeship/Sessions Division as also the court of Principal Judge, Family Court, but the matter regarding grant of approval is pending before the High Court in its administrative side. The counter affidavit further discloses that the State of Bihar is prepared to provide all logistic support making the District Judgeships/ Sessions Divisions and family courts functional in the aforesaid three Districts within this year."
In view of the stand of the Chief Secretary, Govt. of Bihar, Patna as also the Secretary, Department of Law, Govt. of Bihar, Patna taken in their separate affidavits filed on 13.11.2013 and in view of the importance of the matter concerning the entire judicial institution in the State of Bihar, by an order dated 4.12.2013 passed by this Bench, the Patna High Court, Patna 4 Patna High Court CR. REV. No.343 of 2012 (21) dt.30-04-2014 4/6 through the Registrar General was directed to be impleaded as opposite party No.3 in the present proceeding. The Registrar General of the Patna High Court (opposite party No.3) was called upon to disclose the stand of the Patna High Court in its administrative side about the creation of Family Courts as also District Judgeships/Sessions Divisions in aforesaid remaining seven Revenue Districts in the State of Bihar and as to why necessary sanction/approval is not being granted.
In the light of aforesaid order passed by this Court, a detailed counter affidavit has been filed on behalf of the opposite party No. 3, wherein it has been categorically stated in paragraph No.4 that the Standing Committee of the High Court vide resolution dated 5.3.2013 has resolved to accept the proposal for establishment of District Judgeship/Sessions Divisions in the remaining seven Revenue Districts of Banka, Supaul, Araria, Kishanganj, Lakhisarai, Sheikhpura and Arwal, but infrastructure for establishment of Sessions Divisions is required to be provided by the State Government. It has further been stated that despite communication made by the High Court, the requisite posts for establishment of Family Courts as also Sessions Divisions/District Judgeships have not been created by the State Government.
Mt. Satyabir Bharti, learned counsel appearing on behalf of the opposite party No.3 has submitted that, in fact, it is the State Government and its functionaries, who are required to act in all promptitude, so that Family Courts and Sessions Divisions/District Judgeships are created in the remaining seven Revenue Districts of Bihar, referred to above. According to him, nothing is pending before the High Court.
Mr. Rampriya Sharan Singh, learned Additional 5 Patna High Court CR. REV. No.343 of 2012 (21) dt.30-04-2014 5/6 Public Prosecutor appearing on behalf of the State of Bihar and its functionaries has referred to the separate counter affidavits filed on 6.3.2014 on behalf of the Chief Secretary, Govt. of Bihar, Patna as also the Secretary, Department of Law, Govt. of Bihar, Patna. However, he has not been able to dispute the stand taken by the Patna High Court in its administrative side, which has been disclosed in the counter affidavit filed on behalf of the opposite party No.3.
On examination of the materials available on record and different orders passed by this Court from time to time in the present proceeding, prima facie, it appears that the Chief Secretary, Govt. of Bihar, Patna as also the Secretary, Department of Law, Govt. of Bihar, Patna have wilfully violated their undertakings given to this Court in the present proceeding. Prima facie, this Court further finds that the aforesaid two Officers of very high rank, have tried to mislead this Court by giving misleading statements in their affidavits filed in the present proceeding.
In the aforesaid factual matrix, the Chief Secretary, Govt. of Bihar, Patna, as also the Secretary, Department of law, Govt. of Bihar, Patna are called upon to appear before this Court on 14.5.2014 with their respective show cause as to why a proceeding under the provisions of The Contempt of Courts Act, 1971 be not initiated against them for committing contempt of this Court.
Mr. Rampriya Sharan Singh, learned Additional Public Prosecutor, appearing on behalf of the State of Bihar as also the aforesaid two Officers, undertakes to inform the aforesaid two Officers about the present order passed by this Court and he 6 Patna High Court CR. REV. No.343 of 2012 (21) dt.30-04-2014 6/6 shall ensure compliance of the present order.
Let a copy of this order be handed to Mr. Rampriya Sharan Singh, learned Additional Public Prosecutor for forwarding the same to the Chief Secretary, Govt. of Bihar, Patna as also the Secretary, Department of Law, Govt. of Bihar, Patna.
List this case on 14.5.2014 as first case, subject to part heard, if any, at 2.15 P.M., if not sitting singly then in my Chambers, when the Chief Secretary, Govt. of Bihar, Patna as also the Secretary, Department of Law, Govt. of Bihar, Patna shall remain physically present with their respective show cause.
(Birendra Prasad Verma, J) Kanth/-