Relocation to new court complex hangs fire

NEW DELHI: Setting the proverbial cat among the pigeons, the Supreme

Court

in 2017 mooted the idea of placing a cap on lawyers’ fee. The apex court observed that the ever-rising fee and other expenses were putting justice beyond the reach of the common man. The manner in which the legal community reached to the court’s concerns, however, showed the gap between hope and reality.

This year, nothing exemplifies the divide between what the judiciary/governments promise as a reform and what is achieved than the delay in shifting the Patiala House facility to a modern court

complex

. Nearly 15 years after SC asked the government to relocate the crumbling court complexes in Delhi, any move to this effect still invites strong opposition from lawyers.

In 2000, the Supreme Court, while hearing a plea on bifurcation of courts, had made this telling observation: “Needless to say that the working of courts at Tis Hazari and Patiala House (New Delhi Courts) with reference to the accommodation for the judges, litigant public, witnesses and members of the bar and supporting services like stamp vendors, etc, are almost at the stage of collapse. A visit to these court complexes is an appalling experience. Situation is alarming to say the least. Everyone realises so. Jammed court rooms, crowded and dark corridors, overflowing toilets, insanitary conditions, it is almost nauseating to visit these courts. There is certainly a limit up to which services can be provided for all concerned (sic).”

However, even as a new eight-storeyed court complex at Rouse Avenue on Deen Dayal Upadhyay Marg is almost ready, nearly all district court bar associations in the city are unanimous in their opposition to the relocation.

The Public Works Department, on its part, said the construction work was complete and the building would be handed over to the court administration by the year-end. “We are waiting for permission from various authorities, such as the

fire

department and the civic agency. Some basic work like interiors and furniture is left, which will be completed within the next three months,” a PWD official said.

However, it’s for the judiciary to decide what it intends to do with Rouse Avenue infrastructure, on the one hand, and Patiala House complex, on the other. Sources in the high court told TOI that almost two years ago, the government informed HC that the Patiala House complex was earmarked for judiciary pool and would be available for use even after it was vacated. Since then, the HC administration has been aiming to complete the construction of the new building though it is yet to take a call on how it intends to utilise the current court complex facing India Gate Hexagon.

Speaking to TOI, Neeraj, general secretary of the coordination committee of the

All Bar Associations of Delhi

, said any move to shift the court complex unilaterally would invite strong protests from the legal community. “We have, from time to time, apprised Delhi HC and various chief justices of our apprehensions. First, there are no independent lawyer chambers at the Rouse Avenue building and lawyers may have to make do with temporary workstations and consultancy rooms inside the court building. So, lawyers can’t sit beyond court working hours. According to the bar associations, HC can utilise the newly-constructed complex for mediation and arbitration centres, or even shift all labour courts from across Delhi to this single junction. But this decision to shift out of Patiala House court complex is unacceptable to us,” he said.

This could be a problem, admitted PWD officials, as there was no space to construct independent chambers for lawyers. But, they said, an entire floor had been earmarked for lawyers. “We will provide workstations for lawyers. The floor can accommodate 200-250 lawyers. Apart from this, we have provided 3-4 bar rooms for lawyers on each floor,” a PWD official said.

Traffic police officers said as DDU Marg was not wide enough, traffic movement could get disrupted due to on-street parking during important hearings. Even though PWD claimed there was room for 810 vehicles in the basement parking lot, police said they had requested authorities to consider alternative parking spaces as well before throwing the court complex open to the public. On his part Neeraj, who is also an office holder in the New Delhi Bar Association, claimed that Delhi HC had “assured the members of the Bar that

Patiala House Courts

will be retained as a judicial complex with the New Delhi District Courts”.

Sources in HC, however, maintained that the move to shift out of Patiala House was not only as per directions of the Supreme Court but would also help decongest India Gate. Moreover, it would help move the criminal justice system to a modern state-of-the-art building, in line with other new court complexes built in Delhi at Saket, Dwarka and Rohini.

Spread over five acres, the eight-storeyed building will have 42 courts and attached chambers for judges and two-level basement parking. PWD officials said green norms were adhered to while constructing the building.