MINUTES OF THE CONFERENCE OF THE LAW / HOME & FINANCE SECRETARIES OF THE STATES AND REGISTRAR GENERALS OF THE HIGH COURTS HELD ON 5.5.2011 AT VIGYAN BHAWAN, NEW DELHI. A Conference of the Law / Home and Finance Secretaries and the Registrar Generals of High Courts was held under the chairpersonship of Smt. Neela Gangadharan, Secretary (Justice) on May 5, 2011 at Vigyan Bhawan, New Delhi. 2. List of participants is enclosed at Annexure II. 3. Joint Secretary (Justice), Shri S.C. Srivastava delivered the welcome address. He outlined the importance of timely action for the achievement of Thirteenth Finance Commission (TFC) award objectives and other on-going schemes like eCourts project, Gram Nyayalayas, Family Courts, etc. 4. Secretary (J), Smt. Neela Gangadharan extended a hearty welcome to all the representatives from the State Governments and the High Courts and thanked them for their full participation. Considering that the Judiciary and the Executive, two important wings of the administration structure of the country have come together and to discuss issues, she expressed hopes that such discussion would result in salutary effect on reduction of pendency of cases in the courts and also on other important initiatives for support to judiciary. In her opening remarks, she mentioned that one of the major problems in justice delivery is the huge amount of pending cases and the reasons are less judge population ratio, less use of technology in the system, age old procedures and infrastructure problems in subordinate judiciary. The cases are higher than the disposal resulting in increase in pendency. She also mentioned that it is the responsibility of the States to provide infrastructure and the manpower to judiciary while the Government of India have been from time to time assisting the State Governments through Centrally Sponsored Scheme for infrastructure development for the judiciary. She highlighted the point that Vision Statement was adopted by the Conference of Chief Justices and Chief Ministers in 2009 to take into account all these problems and had suggested certain remedial issues. Government of India is in the process of launching National Mission for Justice Delivery and Legal Reforms which has been approved, in 1 principle, and operational details are worked out. Centre has already increased its financial support to the State Governments in the last 2-3 years. The first of its kind, a huge amount Rs. 5000 crore, has been awarded by the 13th Finance Commission. Rs. 1000 crore have already been released to all States in the first year of the award. The major aim of the 13th Finance Commission grant is improving justice delivery, reducing pendency, strengthening infrastructure and improving human resource development. The project for ICT enablement of courts wherein 14000 courts in the country to be computerized which means connectivity from the Supreme Court to the Taluka level court. The cost of e-court Project has been revised from nearly Rs.500 crore to Rs. 1000 crore. This year the allocation for infrastructure for judiciary has also gone five fold from Rs.100 crore to Rs.500 crore. For Gram Nyayalayas, allocation has gone up from Rs.40 crore to Rs.150 crore this year. The aim is to see how effectively this money is utilized by the State Governments and the Central Government and judiciary to really improve the system in the respective courts including infrastructure. Close coordination among all stakeholders and timely action is the key to effective utilization of these funds. She stressed that one year of the TFC grant has passed and now we need to look forward to the specific information from the participants about the status of the progress in their respective States and the High Courts. She made it clear in the meeting that all the State Governments have to provide State Litigation Policy, Utilization Certificates, Perspective Plan, Action Plan for release of funds under 13th Finance Commission. She opened the forum for discussion on the agenda items and hoped that in the presence of both judiciary and the executive some fruitful discussion would take place. Thirteenth Finance Commission 5. Joint Secretary (Justice) Smt. Snehlata Shrivastava made a power point presentation on TFC which was followed by the inputs from the States / High Court representatives as contained in Annexure I. 2 6. Some of the major points raised by the States on TFC are listed below: Planned to start special courts and run throughout the day with Retired Judicial Officers and also courts like FTCs can be established and run for five years with the money allocated. Advocates may also be allowed to shift courts/morning/evening courts on payment of honorarium.(Andhra Pradesh) Requested to permit to spend this money for renovation of old buildings instead only heritage court buildings. No land is available for extension of the High Court building and money needs to be spent on land purchase also. Advocates may also be allowed to man shift courts/morning/evening courts on payment of honorarium. (Andhra Pradesh) Construction takes time and there is a problem of escalation of cost as the fund is released in five years. Therefore, for construction activity full amount may be released right in the beginning. (Andhra Pradesh) 30 ADR centres can be constructed in 5 years; 6 in each year. Some ADR centre needs less money and some ADR centre needs less. ADR centre may not be necessary in all districts. With some flexibility money can be diverted. (Tamil Nadu) ASI has been requested to declare the High Court building as heritage building. No reply has been received. Therefore, coordination with ASI to be institutionalised.(Assam) Planning to set up ADR centres in 21 districts. This amount may be allowed to be diverted for purchase of land. (Assam) There is one building which is more than 100 years old. We had requested to ASI to declare it as the heritage building. (Tripura) Government proposes to set up Judicial Academy for Mizoram, if possible. (Mizoram) Planned to set up ADR centres. State is preparing final estimates. Additional funds may be provided. (Manipur) Identified 50 acres of land for construction of SJA. Funds for the purpose should be diverted from other components. (Manipur) 3 These are customary courts in Meghalaya and morning/evening courts funds may be permitted to utilise for customary courts under the district council. (Meghalaya) Public Prosecutors have one year term in the State, hence training not found feasible. Request is made to utilize this fund for other components (Meghalaya) Advocates are against the implementation of morning/evening courts. Therefore, proposal to divert the funds for implementation of Gram Nyayalayas or for the setting up of SJA. (West Bengal) Holiday court is being suggested to the HLMC. (Bihar) A little relaxation in the guidelines would go a long way. It may be allowed that High Courts could engage advocates with 10 years experience instead of judicial officers for M/E courts, so that agitating lawyers can be brought into the mainstream. (Assam) Whether the funds for M/E courts can be used for mobile courts? (Haryana) Whether FTC can be funded through TFC grants? (Himachal Pradesh) It was not found suitable to set up M/E courts due to security reasons and it has been decided to start mobile courts instead. (J&K) ASI has not identified buildings as heritage buildings. It is suggested that this should be linked with the age of the building. (J&K) Funds for HCB have been reallocated as no heritage building has been identified by the ASI. Whether funds can be used for renovation of HC Judges bunglow which is a heritage building? For HCB, it should be linked with the age of the building. (Kerala) High Court has decided for evening courts. Government has approved initially 5 centres out of 74 proposed. Evening Court rules have also been framed and referred to the Govt. and after the approval operation of the evening courts could be started. It has been proposed to post one Judicial Officer for one month in shifts on rotation basis. (Kerala) Whether Panch Sadan – official residence of Chief Justice – can be termed as HCB? (Uttarakhand) 4 Formulated Action Plan has been submitted to HLMC. There is a problem of load shedding, electricity is not available. Whether the funds for M/E courts be spent for purchase of DG sets? (Maharashtra) In the process of appointment of Court Managers. We propose that if JOs are holding MBA degree or other equivalent qualification may be allowed to be appointed as CMs. (Maharashtra) 7. On the points raised by the States, the observations and suggestions were given by concerned Government of India officials present in the meeting which are as follows: Observation of Secretary (Justice), Smt. Neela Gangadharan Money for the M/E courts can be utilized for salary component for operationalizing these courts. It can not be diverted for creation of court infrastructure. State should aim to bring down pendency. Allocation has been done on the basis of existing no. of subordinate courts. The suggestion for further flexibility will be discussed in consultation with Department of Expenditure. Start training for Public prosecutors also. Use the local laws for identifying the heritage buildings. Please bring the objectives into the picture and just not the expenditure. All action plans should necessarily have targets towards achieving disposal of cases. Request the State Finance Departments to cooperate with High Courts in the timely release of money, revalidation etc. HCB – age of the building could be the guideline and this aspect will be considered. Training is a very important component. Detailed guidelines have been prepared by NJA & needs to be followed. 5 Observation of Joint Secretary (Expenditure), Ms Anjuly Chib Duggal If there are HLMCs constituted for the 12th TFC they may continue but they need to co-opt members from High Court as prescribed in the guidelines. Wherever the matter with ASI is pending, ASI can be summoned by the Chief Secretary for HLMC meeting to resolve the issue in which RG may also be present. Do not keep the funds unutilized, otherwise the funds will lapse at the end of 5 years. 8. Secretary (J) summed up the discussion on TFC grants with following remarks: - Reduction of pendency is the main objective and funds need to be utilised to achieve the targets. - The release of funds without finalisation of Action Plan in some States sounds to be anomalous as utilisation of funds is to be done in accordance with approved Action Plan. - Flexibility in guidelines regarding funding for the ADR centres will be examined by GoI. - For identification of Heritage Court Buildings, ASI may also be invited to the HLMC meetings in which RGs may also be present. Age of the building may be taken as criteria, after taking into consideration local laws. - The States where pendency of cases is very high, should particularly focus on measures to bring down the pendency through the utilisation of funds under morning/evening courts, lok adalats etc. - Training of Public Prosecutors should be given due emphasis. - Close coordination amongst all stakeholders and the cooperation of Finance Department is very important for expeditious utilisation of funds. The unutilised funds, if any, in any of the States at the end of 5 year period shall stand lapsed. 6 - The duly approved State Litigation Policy, Action Plan and Perspective Plan with appropriate targets & pendency reduction, along with the utilisation certificate in the prescribed format should be sent by all States urgently enabling us to make recommendations to the Ministry of Finance for the release of second annual instalment which cannot be released in absence of these documents. - North-Eastern States are requested to send their issues in writing regarding implementation of TFC grants. There will be a separate meeting for N.E. States again in June-July. - Court managers appointments should be expedited. E-Courts Mission Mode Project: 9. This session was also attended by Smt. Deepali Khanna, Additional Secretary and Financial Advisor, Ministry of Law and Justice, Shri Ashok T. Ukrani, Member(Judicial) and Dr. H. K. Suhas, Member(Technical) (both are representatives of Member E-committee of the Supreme Court), and Shri C.L.M. Reddy, Deputy Director General, NIC. 10. Joint Secretary (Justice) Smt. Snehlata Shrivastava made a power point presentation on eCourt project which was followed by the inputs from the States / High Court representatives on the issues. 11. Initiating the discussion on Mission Mode eCourts project, Secretary (Justice) briefly explained the background that the project was initially approved by CCEA in February, 2007 at a cost of ` 441.8 crore which covered 2100 court complexes and 13,348 courts. Subsequently the scope of the project was expanded and during 2010 the project’s revised cost of ` 935 crore has been approved by CCEA which covers 3069 court complexes and 14,249 courts. To supervise the progress of the project, Judges’ Committees in all High Courts are functional; a District Magistrate has been nominated as Central Project Coordinator who is in regular contact with the implementing agency i.e. NIC. Progress is being monitored through regular meetings 7 in Department of Justice with the representatives of NIC and E-Committee. Also, an Empowered Committee has been constituted which takes decisions on the issues relating to inter-component adjustments and other matters. The project implementation is in advanced stage and hopefully the target of completion of work in 12,000 courts by March, 2012 will be successfully achieved. The bottlenecks are being effectively addressed to. The vendors are being changed whenever considered necessary. The Court Managers, provided under TFC may be made responsible for coordination. Funds for technical manpower and other components in certain cases are being placed directly at the disposal of High Courts. 12. DDG, NIC clarified on various specific implementation problems raised by the states. He also apprised the participants that vendors are reluctant in working in rural areas as no local vendors are available there. It is a big challenge. In some areas the awareness is very low. Awareness programmes need to be organised. In some States there is no technical manpower. There is tremendous pressure for entry of backlog data. The progress is very slow. 13. AS&FA on a specific issue raised by some states stated that the pendency of work or slow progress cannot be justifiably attributed to non-availability of adequate manpower. She suggested that existing court staff may be given honorarium to do the work of data entry. 14. Secretary (Justice) summed up the session with the remarks that the State Governments should facilitate the work and take care of State responsibilities regarding the project when GOI funding terminates at the end of the project. The State Governments to bear aall recurring expenses, Procurement/ Maintenance of hardware / LAN items after present warranty ends, Recruitment of technical manpower for ICT related troubleshooting at the courts, Provision of internet connectivity for judges residence/ court complexes beyond 2 years, DG sets- Fuel & other recurring expenditure and wiring for ICT infrastructure at a court complex other than in server rooms/ judicial service center (JSC) on e-court project for sustainability of the project. Since the project is an extremely important e-Governance project, fund release, if any, should be prompt from State Governments. Court Managers 8 sanction under 13th F.C. funding can be very helpful in managing the project also at court level especially district court level. CSS for development of infrastructure facilities for subordinate judiciary 15. Secretary (Justice) informed that the inadequacy of infrastructural facilities, which is one of the major bottlenecks in the speedy delivery of justice, has been adequately addressed to by increasing the budgetary allocations this year to ` 542.90 crore which is almost five folds as compared to the previous year. Hon’ble Supreme Court is also supervising the progress of construction of court buildings and the residential accommodation for the Judicial Officers. 16. The concerned authorities in the State Governments were urged to adopt a projectised approach for completion of infrastructure for subordinate judiciary over a period of 5 years with clear enunciation of works to be taken up with defined timelines for project completion. Advance planning would yield positive results in effective utilisation of Central Government grants released to meet the much required needs of the subordinate judiciary. 17. The tentative allocation for the States/UTs will be circulated. States were requested to provide the pending UCs for the past releases and the projectised details in the format prescribed by the Department. Gram Nyayalayas 18. Taking up the next point on the agenda for discussion, JS (J-I) informed that Central Government is providing financial assistance for setting up of Gram Nyayalayas both under non-recurring and recurring segments. The State Governments may ensure that the information in regard to notifications for setting up of new Gram Nyayalayas and their operationalisation is furnished to the Department of Justice with due promptitude so that proposals for release of central grant could be processed timely. 9 19. Secretary (J) mentioned that the scheme has a very good intention. It uses summary procedure in disposal of cases to help common man. Cost is very low. There is a time limit to give judgment. These are the salutary features of Gram Nyayalayas. Therefore, State Governments were requested to make use of the grants. 20. Some of the States’ representatives informed of their status as under: Madhya Pradesh: There are 89 Gram Nyayalayas in the State which are functional. Rajasthan: Presently 35 are functional and judicial officers for 10 are proposed to be posted soon. Orissa: Setting up of Gram Nyayalayas at 08 places has been notified; rules have also been framed. Jharkhand: Districts have already been identified. It has been decided to start 7 Gram Nyayalayas soon. J&K: It was asked that whether an Act on similar lines could be approved in the State. 21. All the participants observed that the Act requires amendment and said that there is not sufficient work for Gram Nyayalayas. Act needs amendment regarding entrustment of the cases. The majority of the participants expressed the opinion that presently these Nyayalayas do not have sufficient work load. The Act may be amended to provide inclusion of various other kind of cases. 22. Secretary (J) welcomed the idea and said that proposals for amendment in the Act may be sent which will be examined. It was urged by the Chair that the States may make best use of these grants. Gram Nyayalayas aim at justice delivery at the door step of a common man at a very low cost. Summary procedure for disposal of cases is used to help common man. Adequate budgetary allocations have been made and all States are expected to send proposals for release of grants in respect of more and more newly notified / established Gram Nyayalayas. 10 Access to Justice 23. Secretary (J) announced that the Department is implementing a project “Access to Justice for Marginalized People in India’ with the support of UNDP in 7 States. The project’s main aim is to enhance legal awareness amongst the needy masses. For legal empowerment of the marginalised people several awareness campaign and legal education programmes have been launched in close coordination with the State Legal Services Authorities. The efforts are to motivate innovative methods to improve access to justice by the marginalised people and expenditure is made through Justice Innovation Fund. 24. JS (J-I) informed that kiosks are being set up under the project at different venues in 2 States to emanate appropriate information to the masses. Under-trial Prisoners 25. Secretary (Justice) stated that Ministry of Law and Justice has launched a Mission Mode Programme for Delivery of Justice and Legal Reforms. Under this programme, the under-trial prisoners who are entitled to be released under the law are identified and linked with the State Legal Services Authorities for their release. However, it is found that the information in respect of the under-trials is being received in the Department from different sources / Departments under the State Government. It would serve the cause better if a nodal officer is designated in each State for the purpose and information in prescribed format is furnished on quarterly basis. 26. All the participants from the State Governments expressed their consent to designate a nodal Department / officer for the purpose. 27. Secretary (Justice) summed up the session informing States that she has written to the Chief Secretaries for nominating a nodal department for sending the 11 information on quarterly basis. A copy of the information may be sent to the Registrar Generals of the High Court for information by the State nodal officer. Grievance Redressal Mechanism 28. Secretary (Justice) informed that the Department is in receipt of good number of grievances / petitions from the general public wherein the issues raised pertain to the State Governments, judiciary, etc. All such petitions are forwarded to concerned authorities for further necessary action under intimation to the petitioner. Hopefully all such petitions are attended to by the State Governments / judiciary under the prevalent grievance redressal mechanism. 29. Most of the Registrar Generals of HCs confirmed that appropriate grievance redressal mechanism is in place and functioning effectively. Family Court 30. JS (J-I) stated that central grant is being released for setting up of Family Courts for speedy settlement of family disputes. According to the Act a Court is to be set up in each town where the population exceeds one million. While such courts are already functional in some of the States, the response from the others has remained mixed. 31. Majority of the participants mentioned that the grant released by the Central Government for setting up of Family Courts is inadequate and that needs increase. They also observed that the term ‘counselling’ is inconsistent and needs amendment. 32. The conference ended with a Vote of Thanks to the Chair. ***** 12 Annexure – I Inputs from the States / High Courts representatives Andhra Pradesh: Law Secretary The Government has released all the earmarked funds. State Litigation Policy (SLP) is under submission before the Council of Ministers and a decision within a month is expected. Perspective Plan (PP) has been sent to Finance Department for their approval. RG, Andhra Pradesh: RG highlighted hardships faced by the various High Courts in implementation of 13th Finance Commission recommendations. The first item is morning and evening courts for the State of Andhra Pradesh. Rs.145 crores have been allotted. Rs. 217 crores have been allotted for the State of Andhra Pradesh as per the guidelines. This amount has to be spent for the period of 5 years. There are 207 morning courts. Assam Finance Secretary: In case of Assam in the first year Rs. 24.22 crores were given to High Court. A tentative plan was prepared and further guidelines were issued by Ministry of Law. We are planning to take up the matter for subsequent years. Current year budget is not yet prepared and Litigation Policy is prepared but could not be notified, within 2 o 3 months we will take up the matter for notifying the Litigation Policy. Regarding, morning/evening/shift courts in Assam, the problem is that due to early sunrise and the early sunsets, these morning/evening courts are not found suitable. High Court has identified 9 districts for holding holiday courts so far 48 sittings have been conducted and about 33000 cases were assigned to those courts and around 2000 cases have been disposed of. 10 ADR Centres already were established. 71 cases have been disposed of by ADR centres in first year. During 2010-11, 267 Lok Adalats have been held but those were from the funds granted by the NALSA, from 13th FC fund could not be spent because the concept of Mega Adalat in Assam does not found suitable. Legal Aid provided to 226 people and yearwise target was taken around 1261 and this is from NALSA fund. RG: Due to geographical condition, morning/evening courts are not possible because sun set little early. So, we are planning to hold holiday courts instead of morning/evening courts. In fact, we have already prepared the guidelines for holiday courts and that is always there in the guidelines we have sent today. Therefore, our resources can be better utilized not only in morning/evening courts but in the holiday courts. We have somehow managed ADR centres in 10 districts. 13 Arunachal Pradesh: Due to sad demise of Hon’ble Chief Minister, Law Secretary and Finance Secretary are not able to attend. Tripura Law Secretary: High level Committee consisting of the Secretary, Registrar General, Gauhati High Court, Pr. Secretary, PWD, Pr. Secretary (Finance), Law Secretary. So far as the Tripura is concerned, our Government is keen to give justice to the common people. So far as the High Level Committee, we have set up the same in December 8, 2010. So far as the Perspective Plan and Action Plan is prepared, so far as State Litigation Policy we have prepared the Policy and it will be put up this month for the Council of Minister for their approval. So far as setting up of morning/evening courts, there is very small number of cases. High Level Committee in its meeting dated 18.12.2010 to form 8 morning courts and sent for the approval of High Court yet we have not received approval from High Courts we have already disposed of 31,950 petty offences. So far the ADR centres, Lok Adalats and Legal Aid amount is concerned we have already raised the amount in the State Legal Services Authority. There is also proposal for the State Legal Service Authority to set up 3 ADR centres in 3 districts in our States. So far training of judicial officers is concerned, there is a training institute in our State there was a proposal from the High Level Monitoring Committee too. Also sending judicial officers to other States so that the amount may be made from the 13th Finance Commission. So far as the training of public prosecutors is concerned, there are 73 number of public prosecutors and we organized two seminars. So far the ages buildings are concerned, there are buildings more than 100 years old. Court managers, there are proposal for 4 court managers and we have already sent this proposal to the High Court for their acceptance. Mizoram RG: Our unique problem regarding High Level Committee. Now, we have the High Level Committee in Mizoram and all the other districts and all the other States in North-East. So, what we have a common High Court and now I am Registrar General, Mizoram, there are Registrar Generals of Meghalaya, Nagaland and other States. Now, from your perspective what I believe is that once the High Level Committee to the High Court for approval now the same situation is there in Mizoram also. The High Level Committee sits may be sometime I attend the meeting sometime Registrar General attends the meeting but we do not have the authority to give the approval of the High Court unless I approach my Chief Justice. Does that mean that after the High Level Committee decides on certain things the same thing has to go to the High Level Committee decides on certain things the same thing has to got to the High Court for the Chief Justice approval? Now, morning/evening courts as geographically or whatever time does not allow us we can have holiday courts. Proposals have been made for that but again pendency of cases are so less 14 that we can have 100 cases of 1 holiday court that would be enough to spend money allocated under this, same with Lok Adalats. From NALSA, Lok Adalats have been carrying on earlier some Lok Adalats whether it would be approved by the High Court or not have been going on but recently now they have said that 3 or 4 Lok Adalats have been held over there. So, whether this will come under this 13 th Finance Commission also. Training of Judicial Officers, we have sent a few to Delhi also. I think next batch will be coming shortly. Heritage buildings, we do not have any heritage building. Court managers, State has also created 3 posts. Spl. Secretary: We have also constituted High Level Committee. We also have notified Perspective Plan and Action Plan and even a Litigation Policy. We have 26 public prosecutors and out of that we have trained 17 public prosecutors then as regards Lok Adalats during 2010-11 Lok Adalats has been held for 3 occasions that is we call it Mega Lok Adalat but it could not mega small number. Because we do not have so many cases pending, cases is very less. So, we have ADR centres. Mizoram is divided into two districts one as Aizwal and other is Lunglei. Aizwal covers 5 districts. Lunglei covers 3 districts. So we have ADR centres at Aizwal, we are proposing another ADR Centre during the next financial year. Similarly, training of judicial officers also recently 5 judicial officers have been sent to Delhi Judicial Academy. I think within this financial year we will be able to give training to the public prosecutors regarding the judicial academy we do not have any judicial academy so our High Level Committee proposed to have set up judicial academy for Mizoram. If possible, we need some more funds. Manipur Law Secretary: We have our Action Plan. After consultations with Gauhati High Court and High Level Committee has approved this Action Plan. We have already formed it. In the implementation of the recommendations of the 13 th Finance Commission, there are some small issues I would submit in very short regarding morning/evening and holiday court there are some restrictions like there should be at least 2000 number of pending cases. There are some instructions from the Hon’ble High Court but number of pending cases are very few. Regarding training of judicial officers, there are some small conditions that air fare travel should be borne from the 13th Finance Commission fund and daily allowance fund should be borne from the State Express Fund. It cannot be separated. Nagaland Law Secretary: We have to constitute High Level Monitoring Committee. We are yet to finalize State Litigation Policy, this is at the point of being finalized perhaps with the period of 3 months. We set up ADR centres, we have 11 districts so we have started work on establishing 3 ADR centres, 8 ADR centres will follow up in the next financial year. We have sent our judicial and prosecutor officers on training and 15 public prosecutors are very excited finally they are getting motherly treatment. Everyone is very happy about it. We do not have any problem about work. Meghalaya Finance Secretary: We have constituted this High Level Committee in 2010. With regard to morning/evening courts, State of Meghalaya has received this holiday court scheme given by the Hon’ble High Court and we are going to implement the same. With regard to ADR centres we have one ADR centre in Meghalaya State Legal Service Authority established through NALSA. We have these customary courts in Meghalaya if we utilize those funds for the customary courts under the district council. It will be very useful and helpful to those customary courts. We have inspected district council courts with Hon’ble Chief Justice, Gauhati High Court and there was an idea if we can transfer these funds to the customary courts under the district council. This is my humble request. With regard to training of judicial officers, State of Meghalaya has been enabled to use the funds and judicial officers since under the jurisdiction of Hon’ble High Court they are sending those judicial officers for training and we are paying their expenses from this fund. With regard to training of public prosecutors in Meghalaya we have 1 year – 1 year term in the appointment. So, there is no question of training of Public Prosecutors in Meghalaya. Sikkim RG We in the State of Sikkim because of rather no problem of pendency we are small plan of action, in fact, our lower judiciary has pendency of around 1100 only. We got 7 judicial officers. So, 7 judicial officers are handling around 1100 cases so there is no problem of pendency still do not have ADR centres in two districts and we are in the process of constructing two another ADR centres in the remaining two districts as far as 13th Finance Commission guidelines, morning/evening courts were already decided not to establish because of low pendency of cases and Lok Adalats and legal aid also with the usual fund provided by the State Government. We are conducting Lok Adalats both in the lower judiciary and High Court level also so we are expecting funds from the 13th FC only on the legal aid side. As far heritage court buildings are concerned that also we do not have. Similarly, Court Managers because of low pendency we have decided not to appoint with the High Court level as well as with the lower judiciary. Training of judicial officers that is also we have decided to send judicial officers to training programme at National Judicial Academy from the funds being allocated by the State Governments. Training of public prosecutors, this has taken by the Law Department. I believe first phase of public prosecutors have been given training. Now, question of establishment of State number of judicial officers. For the time being we have not thought of establishment of the same. State Litigation Policy is already formed. 16 West Bengal Finance Secretary: SJA – Estimate of Rs. 100 crore has been prepared. Rs. 15 crore to be received from TFC. State Planning Board has been asked to draw a final estimate. Amount appears to be on the high. CM: As soon as the recruitment rules have been framed we will agree to creation of posts. Regarding Centrally Sponsored Scheme we are holding regular meeting of HLMC and we have also requested the Law Secretary to forward the proposals. HLMC is holding meeting regularly. We have also decided to hold meetings every month on the TFC grants on the fixed date initially for the three months and subsequently it will held quarterly. All funds earmarked were been released but could not be utilized and the same have been revalidated and will be utilized in the first quarter of this year. Law Secretary: M/E courts: we have got problems. We have tried our best with the Bar Council but Advocates are against the implementation of this grant. Can we divert the funds for implementation of Gram Nyayalayas? If not, we would arrange / divert the fund for the setting up of SJA. HCB: High Court building has been identified. We have referred the matter to the PWD for submitting the estimates. We hope that this year PWD will submit the estimate. Then the matter will be referred to the Finance Department for release of fund. Due to late release of funds at the fag end of the year, funds for ADR centres, SJA and Lok Adalats, Legal Aid, could not be utilised. The same has been reallocated by the Finance Department in April. We would train 205 PPs in 5 districts and utilized around Rs. 20 lakhs. RG, High Court: We are persuading vigorously from the High Court level. CJ is taking personal interest and talking personally to the Bar Councils. Still they are not agreeing. The Academy is functioning very efficiently irrespective of inadequate infrastructure We have trained a lot of JOs and will supply a booklet in this regard.. Perspective Plan has been prepared and given to the State Govt. 17 20 ADR centres will be set up in the current year. Bihar Registrar General: State Government has not released any fund. Action Plan shows that 38 Evening Courts are functioning, one evening court for each district headquarter. Lawyers are opposing there also, they are not attending and they have gone on strike. ADR centres are working in all the District HQs. Infrastructure is to be developed because money is yet to come. Last year nothing came. Govt. has notified SLP. State Govt. has not taken decision for establishment of Gram Nyayalayas or the existing Gram Panchayats will take up the work. Circular has been received for creation of the posts of Court Managers. Infrastructure is not enough. Perspective Plan has been prepared. Finance Secretary: Due to release of funds at the end of the last financial year, it could not be released. Funds will be revalidated and will be released. It is much better to release the funds in the earlier part of the year. HLMC is constituted and meetings are being held regularly in every two months. ADR mechanism: 18 buildings have been sanctioned and will be ready in a year. We propose to take up the infrastructure first because of escalation of cost. M/E courts: Lawyers are on strike. Holiday court is being suggested to the Hon’ble Court to go ahead. HCB has been interpreted very loosely, should be interpreted strictly as by the ASI. Chhattisgarh Pr. Secretary (Fin.): HLMC constituted and meets regularly. Funds have been released by the State Government. Perspective and Action Plan are yet to be finalized. SLP has been approved by the State Govt. After Cabinet approval will be notified. 18 M/E courts: High Court is of the view that they may be no need for M/E courts in Chhattisgarh. Registrar General: Action Plan has not been approved by the High Court. So far as fund is concerned, previously we thought that we are not in a need for such courts. High Court is of the opinion that five districts may be chosen for the purpose and have to work on that. Courts will work in the evening for two hours – 6-8 p.m. and it is thought that 25% incentive should be given to the JOs concerned. Estimate for the purpose which is 21,79,440 per JMFC and 53,12,880 for ASJ. Matter has been given to the Hon’ble Rule making Committee of the High Court and it is under considerati9on. ADR centres: We have 4 districts. We have Nyay Sadans. These will be used as ADR centres and 2 Nyay Sadans are under consideration which will also be used as ADR centres. It is proposed to have one ADR Centre in High Court. Lok Adalats: Action Plan has been prepared by State Legal Services Authority.and is under consideration. It is proposed to hold 10 Mega LAs at High Court Level and 5 Mega LAs at district level in 2011-12. We had 976 LAs and have disposed 11,600 cases. Further targets have already been fixed. Legal Aid: No. of persons benefitted is 12,530. No fund has been spent out of TFC grants. ADG, Prosecution: We have prepared plan till 2015. Rs. 6 lakh has been utilized. We are going to utilize more than Rs. 10 lakhs. Funds will also be utilized for training centres. Uttar Pradesh Finance Secretary: HLMC has been constituted. We have separate HLMC for TFC grants. Our Action Plan is ready. SLP has been prepared and has been sent to the Ministry. Court Managers posts have been created. Guidelines for capital works for M/E courts have been formulated. Appraisal and approval is going on. Last year money could not be spent due to late release of funds. Finance Department will release whatever the amount required for the purpose. We should be able to spend this year. RG, Allahabad: Action Plan has been prepared and has been sent to the Government. We have framed M/E court rules and notified. Courts have been 19 started in 5 districts. Could not start evening courts due to resistance from the lawyers. We are persuading the Dist. Bar Associations. Hon’ble Chief Justice is visiting all the districts personally and persuading the lawyers. CMs: HC has framed the recruitment rules. Posts have been approved by the State Govt. HCB: We have identified 48 court buildings in 30 districts. ASI has been approached. We have given the estimate for renovation in respect of 10 buildings out of which we have received money for one building. There is a Judicial Training and Research Institute at Lucknow. Training is also being imparted to Judicial Officers in Army Management Centre at Noida. Training of JOs and PPs have been started. Module and curriculum have been prepared in consultation with the SJA and NJA. This year we will be able to spend the fund. Law Secretary: We have already started 70 Magistrate Courts and 300 Special Judicial Magistrate Courts. Can we divert the fund allocated for M/E Courts to these Courts? Assam Home Secretary: We have a little different problem. We have a problem of getting retired Judicial Officers for manning the M/E Courts. A little relaxation in the guidelines would go a long way. Allow High Courts to engage advocates with 10 years experience instead of Judl. Officers for M/E courts, so that agitating lawyers can be brought into the mainstream. Tamil Nadu Home Secretary: HLMC constituted. There is a monitoring Committee in the High Court which consists of 3 HC Judges and 3 secretaries from Home, Law and Finance Departments. Monitoring Committee examines and scrutinizes the proposals and sends it to HLMC which approves the proposal and the Govt. issues the order. M/E courts: Already we have 37 evening courts functioning in Tamil Nadu over the last several years and have disposed of more than 6 lakh cases. Now we have ordered constitution of evening courts in every district which comes to 90 evening courts. High Court is considering the operationalisation of these courts. The TFC grant for Tamil Nadu under this head is Rs. 25.00 crore pere annum. 90 Evening courts will consume only Rs. 4.00 crore and another Rs. 21.00 crore is still available. There is no way we can only have evening courts. TFC grants are for setting up of morning / evening / Special Magistrate / Shift Courts. The objective of the TFC 20 grants is to reduce pendency. We are planning to have special courts. After the completion of 5 years State Government will take over the responsibility of these courts. Nowhere it is mentioned in TFC grants that the centre’s contribution is restricted to 3.5 lakhs. Regular court hours will definitely help in reduction of pendency. As long as the State Govt. is ready to take up the responsibility after the completion of 5 years, Central Govt. should provide funds for setting up of special courts. We propose to run the evening courts either by retired Judicial Officers or the regular Judicial Officers. Home Secretary: This won’t be a problem, because of increased awareness of the general public, the institution of cases will only go on increasing and the TFC award has also provided for setting up of special courts. In no way we can utilize the whole of the grant and also we may not get the required number of regular Judicial Officers due to overload. Lok Adalat / Legal Aid: Funds have been released to the State Legal Services Authorities. They have a Plan of Action. Training of JOs & PPs: We have State Judicial Academy through which JOs are being trained. For training of PPs we have prepared a detailed plan of action and we had 2 weeks programme. 646 PPs are called in batches for training. First batch has already been completed. HCB: We have more than 100 HCBs of which some have been identified and type design etc. are being prepared in consultation with INTAC. PWD has prepared the estimated and we are going to issue the sanctions. SJA: funds being utilized for strengthening of the Academy and we also have regional Judicial Academy centres. ADR Centres: some flexibility needed for establishment of centres. Smaller districts may not require ADR centres while bigger cities require bigger centres. Hence some flexibility is required. Mediation Training for Judges and Advocates has already been stared. More than 3,000 Judges and Advocates have been trained. CMs: Orders have been issued in conformity with the guidelines of Govt. of India. High Court will appoint them through promotion or otherwise. I have some issues. Though we have issued orders, etc. Perspective Plan is yet to be prepared and will submit it. I have some misgivings in respect of State Litigation Policy, unfortunately it is made a conditionality. Even the National Litigation Policy reads more like an essay. It is not at all operational in terms of deliverables. Once the Policy is given to bureaucrats 21 and officials how they work, how to they decide where to appeal and not to appeal? These are not clearly mentioned in NLP. Since it is a conditionality, we will see the SLPs prepared by other States and try to formulate ours. RG, Madras HC: Hon’ble Chief Justice was talking about Holiday Family Courts even before the TFC award. As soon the funds were made available these Holiday Family Court have been made functional. Disposal for the few months is 1548 cases. Encouraged by the success of these courts, proposal has been sent to State Govt. for making the existing 82 which are functioning as Sub Judges, to be made functional as Holiday family Courts and 2 Additional District Judges will also function as Holiday Family Courts. Apart from that all our programmes are disposal strategy oriented. We called upon pendency details not in terms quantity but in terms of type of cases pending, reasons for pendency, etc. which are comprehensively collected and to quote one example, we had a Lok Adalat inaugurated by our Hon’ble CJ and parallel Lok Adalats in all the districts were inaugurated by the District Judges. In a single day the disposal is 16,193 cases. Training has been given to JOs on specific matters. One such training was on disposal of IAs. CJ has written a booklet on the IAs and the duty of the courts and how to dispose the IAs in summary manner and not like a suit which has been circulated in all the districts. Prison Adalats are regularly organized and we are able to dispose of 700 cases. In prison Adalats compoundable cases are taken. Training of mediators has also started at three levels. Training is also being given for mediation trainers for further training. Gujarat Finance Secretary: HLMC constituted. SLP is in the final stage. Action Plan in the final stage of finalization. This year funds will be utilized. M/E courts: 100 eveing courts are already functioning. We shall be providing for Shift courts. Money will be spent through shift courts. We have sufficient funds in the Plan side. Law Secretary: Pendency at the end of 2005 was 38 lakhs and at the end of 2010 it is 21 lakhs. Pendency has been substantially reduced. Gujarat has 100 Evening Courts. Mediation Centre, State Legal Services Authority, Lok Adalats are working by the State fund. 22 SLP is pending with the Minister for informal discussion with Council of Ministers. Action Plan is pending with the Hon’ble High Court. Certain schemes are funded by the State Govt. on the same subject. The Action Plan is pending with the High Court regarding how to utilize the State fund and the central fund. As soon as we receive we will submit it to the Centre. RG, Gujarat: Committees have been formed at HC level. State Govt. is also supporting. 700 courts have been set up at various levels. We have already moved for filling up and starting these courts. ADR centres, legal aid and Lok Adalats have been funded by State Govt. I will request the Chief Justice to approve the Action Plan within 3-4 months. Haryana Home Secretary: For implementation of TFC grants we have a committee of 4 High Court Judges which monitors the progress. SLP has been formulated and submitted. Perspective Plan and Action Plan have been approved. We will take a lead from Tamil Nadu for training of PPs. Finance is not a problem. Funds have been made available. Utilisation is not very encouraging. We do not have HCBs. Funds for HCB can be used for SJA. We have mobile courts in Haryana. We have an issue regarding the remuneration for manning these mobile courts. Whether the funds for M/E courts can be used for mobile courts? Training of Lawyers / advocates’ should also be considered. They should not be left out as so many new courts are coming up. We need to have a separate High Court for Haryana. RG, Punjab & Haryana: There is opposition from the Bar for setting up of evening courts. We have persuaded the Bar Associations to begin with petty cases and subsequently negotiable instruments, etc. We have started 43 evening courts in Punjab and 50 in Haryana. These courts have disposed of 98,126 cases. Appointment of CMs – 16 in Punjab and 18 in Haryana have been approved. We have a Judicial Academy for both the States. We will be imparting training to 150 new JOs and refresher orientation courses throughout the year. Last year we strained about 230 District Judges including ADJs and 431 Magistrates and Civil 23 Judges. So far as training of PPs is concerned, we have given training to about 243 PPs in Punjab and 296 in Haryana. SLP has been formulated in Haryana and in Punjab it is yet to be finalized. ADR centres: SLSA has not been able to formulate the action Plan. Guidelines have been finalized for utilization of funds. 472 LAs have been held in Punjab and 713 in Haryana. 402 legal awareness campaigns have been organized in Punjab and 296 in Haryana. Punjab AS, Home: Funds have been allocated. SLP – approval of the Cabinet is required. Training of PPs – 241 PPs have been trained, expenditure incurred is Rs. 36.45 lakhs. Provision for 2011-12 is Rs. 65.00 lakhs. HCB: We have one HCB at Faridkot. Proposal has been made. 102 evening courts have been set up out of which 43 have also started functioning. Himachal Pradesh: Home Secretary: SLP has been notified. Action Plan and Perspective Plan have been approved. Funding is not a problem. We have a training programme for PPs and training has started. Clarification is sought whether FTC has expired and whether FTC can be funded through TFC grants? RG. HP: Pendency is very low both at Subordinate Courts and High Court. There are 2 Monitoring Committees one constituted by the State Govt. and another HLMC headed by the Chief Justice. It is not possible to start M/E courts due to climatic condition. We are proposing to set up Holiday Courts to being with only on second Saturdays. We have persuaded the lawyers. It has been decided to start ADR centres in all the 11 districts. Besides, ours is a tribal area. In tribal areas we do not have judicial courts. We have decided to start ADR centres in those sub divisions also. We have two sets of Lok Adalats; permanent and regular. 24 SJA: We do not have our own building. Government has been requested to provide the land for construction of the Academy. At present it is functioning the Judge’s premises. CMs: 12 CMs posts have been created; 7 have been appointed and 5 more is in progress. There is one HCB. Funds allocated and provided for maintenance. Jammu & Kashmir Finance Secretary: Perspective Plan and Action Plan have been prepared and will be finalized as soon the offices are opened in Srinagar. 10% of the last year allocation has been released. HLMC constituted. SLP has already been formulated. It is expected to be notified after the approval of the Cabinet. It was not found suitable to set up M/E courts due to security and topographical reasons and it has been decided to start mobile courts instead. We will follow the methods adopted by other States who are operating Mobile Courts. We do not know how to proceed with appointment of Court Managers. We will draw a lesson from other States who have already appointed Court Managers. RG. J&K: HC had proposed to set up M/E Courts along with Mobile Courts in some areas and Draft Rules were provided for M/E Courts. Government had requested us to reconsider the issue for setting up of M/E Courts which is under the consideration of Full Court. We would like to know about the infrastructure needs of the mobile Courts. CMs: Posts have not been created. HCB: HC has identified 15 buildings. ASI has not identified those buildings as heritage buildings. It is suggested that this should be linked with the age of the building. If we cannot use the funds here, we may use it for ADR Centres or setting up of zonal academies. ADR Centres: We have 22 districts and 10% of the fund has been released. One ADR centre in each district has been planned. 4 districts have been identified and construction work has started in those 4 districts. SJA: Only one Academy at Jammu. State Government has started construction of another at Srinagar. We have allocated part of the funds for that purpose and some for the improvement of the existing academy. 25 Funds have been utilized for Mediation Programme; we could utilize Rs. 2 lakhs in this respect. JOs training: 13 JOs have been trained for 3 months. We could have only one programme for PPs hence we could not utilize the fund. Law Secretary: Training of PPs in two phases is planned. We have some reservations regarding setting up of M/E Courts due to security, whether, law and order problems and also normally Judicial Officers write judgements in the evening and hence they cannot spare time for extra hours. This made us to suggest to the High Court for special courts / mobile courts. Action Plan is yet to be approved. We had organized 333 Lok Adalats in which 16,582 cases have been disposed of. We envisage two LAs for High Court every month. In every district we want to have two LAs and one at Tehsil level also. Jharkhand Law Secretary: HLMC has been put in place SLP has been notified on 25.03.2011 Perspective Plan draft has been prepared Action Plan received from Judicial Academy and State Legal Services Authority As per Perspective Plan, funds have been released for Training of Judicial Officers, Public Prosecutors, Lok Adalats, Legal Aid and ADR Centres It is proposed to reappropriate funds from HCB to SJA. No action plan prepared for Morning/Evening courts due to Law and order, communication and power problems. Other than petty cases, appeals and revisions may also be entrusted to M/E courts. Posts of Court Managers are being created and likely to be notified by the end of this month. RG, Jharkhand: SLP has been notified. Proposed to set up evening courts in 3 places and not in all the districts for the present. Setting up of Holiday Principal Family Courts is under consideration. Lok Adalats are being held every month. Mobile Courts are functional. We are also conducting Mega LAs and Jail Adalats. 15 ADR centres are functioning. Judicial Academy is in place. Apart from JOs and PPs, lawyers are also given training. 15 JOs have been nominated for mediation centres. 26 24 posts of CMs have been proposed for creation. HCB: State Govt. has been asked to identify the court buildings. ADR funds are released 1/5th every year. However the building would be constructed in the next two years. Is it possible to get the funds released earlier? Rajasthan Law Secretary: HLMC is in place. SLP has been framed. Unspent amount of the last year will be carried forward HCB proposal submitted by the High Court has been approved in consultation with the ASI. SJA is functioning with State Govt. funds. Training programmes are being conducted. M/E Courts yet to start, rules have been framed and ADR Centres – construction is going on Training of PPs started. Recruitment of CMs is in final stage. RG, Rajasthan: M/E Courts is not still operational. HCB – 5 sites have been identified. Karnataka Finance Secretary: HLMC constituted Formulated SLP. Action Plan has been approved. M/E courts & CMs: Committee has made certain observations; is to be revised in accordance with the guidelines. Funds have been released. ` 21.00 crore has already been spent. Full court has already taken a decision to start M/E courts. ADR centres – it is planned to set up 6 centres in each year. By the end of 5 years all districts will have one ADR centre. Entire money has been given to the PWD. Construction has started. Training – 644 training programmes have been held in 2010-11. Lok Adalats – 1,15,113 cases have been disposed. Legal aid has been given to 537 people SJA – Model has been created. PPs – There are 637 Prosecutors; 50 already trained. Plan of action is in place. CMs – 30 posts have been created, salary is to be deliberated. HCB – 24 buildings have been identified. 27 Kerala Finance Secretary: HLMC constituted. Action Plan / Perspective Plan have been framed. Utilisation of funds is planned through different agencies. KELSA has utilized the funds; others could not. 74 posts have been created for M/E courts. CMs posts have been created. SLP is ready to be notified after the approval by the new Govt. No building has been declared as HCB by ASI. Funds have been reallocated. Requested if grant could be used for renovating Judges Bungalow. Age of the building could be taken as criteria. RG, Kerala: Judicial Academy is in common building. There is a proposal for construction of a new building. Govt. has been requested to identify the place. JOs are trained at State and National level. Also imparting training to the advocates. A schedule is being worked out in consultation with the Directorate of Prosecution for training of PPs. High Court has decided for evening courts Govt. has approved initially 5 centres out of 74 proposed. Evening Court rules have also been framed and referred to the Govt. and after the approval operation of the evening courts could be started. It has been proposed to post one Judicial Officer for one month in shifts on rotation basis. Proposal for creation of 32 posts of CMs pending with the Govt. HCB – No court building has been identified. 10 residential buildings have been identified in consultation with ASI. The proposal is pending with the Govt. Uttarakhand Law Secretary: Action Plan has been formulated. SLP is under preparation. M/E courts not considered necessary. ADR centres have been set up in 8 districts. Registrar General: Posts of Court Managers have been created. Regular training for JOs and PPs are being arranged. Whether Panch Sadan – official residence of Chief Justice – can be treated as HCB? Maharashtra 28 Law Secretary: Action Plan has been formulated. Funds have been released. SLP is being formulated. 400 M/E courts have been established; 389 have started functioning. Disposed of 1,85,000 cases in the previous year. Registrar General: Formulated Action Plan has been submitted to HLMC. Whether the funds for M/E courts be spent for purchase of DG sets as there is regular power cuts? State Government has not released any fund. Registrar General: HCB – Estimate for 5 court building have been prepared. ADR Centres – 32 have been started. 3,000 LAs have been held. Funds have been released for SJA. In the process of appointment of Court Managers, there is no cooperation from the Finance Department. They proposed that JOs holding MBA degree or other equivalent qualification may be allowed to be appointed as CMs. Madhya Pradesh: Law Secretary: HLMC constituted. SLP has been framed. Action Plan is under consideration. 9 ADR centres are working. In 2010-11 1,553 Lok Adalats were held in which 8,30,000 cases were disposed. 2 Mega Lok Adalat were organized. HCB – We have received proposal for 29 court buildings which is under consideration. Registrar General: M/E courts have been set up but could not start function due to Bar’s agitation. Action Plan and Perspective Plan are awaiting approval of the State Government. ADR funds have not yet been utilized. Orissa Home Secretary: SLP is in place. HLMC constituted. 29 M/E courts – notified 198 evening courts. It could not operate because of resistance from the BAR. TN model will be considered. 6 ADR centres are working. 558 Lok Adalats have been held in which 2,11,000 cases were disposed. Planned for disposal of 1 lakh cases every year. 450 JOs have been trained. For PPs it has been planned to impart one week training every year. For SJA, construction has started and need more funds. HCB – Identified 28 court buildings in consultation with ASI and preparing the estimates. Service Rules are being finalized for CMs. Registrar General: M/E courts – Recruitment rules are being framed. There is a problem in holding evening courts. Shift courts are functioning. We would like to run these courts through regular court hours. May consider diversion of funds. 30