Government questioned on special fund for courts

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The Supreme Court Monday issued notice to the central and state governments and the high courts on a report seeking to create a separate ‘infrastructure fund’ for improving facilities in subordinate courts.

The proposed ‘infrastructure fund’ sought to be created would be funded by the deposits of the court fees and fines imposed on litigants by the high courts and subordinate courts.

The fund would be utilized under the supervision of the respective high courts or special purpose vehicles (SPV).

The report sought rationalizing court fee acts so that a balance could be struck between the welfare measures of the state and the spending on court infrastructure.

The report, prepared by the Supreme Court, was treated as an application by the special bench of Chief Justice S.H. Kapadia, Justice Aftab Alam and Justice K.S. Radhakrishnan.

Dealing with the infrastructure requirements of the subordinate judiciary, the court said that the central government and the state government were bound to make available the necessary resources.

‘Infact, thejudiciary contributes a lot of revenue to the state by way of court fees, costs and fines,’ the court said.

The report said that mere creation of such funds should not be the reason for state governments to avoid responsibility towards administration of justice and they should be required to continue to provide funds for these facilities to the judiciary.

The funds thus generated would be spent for the purpose of construction and maintenance of court buildings, judicial quarters, furnishings, computerization, generators and other welfare measures for subordinate judiciary, the report said.

It said that the development of court infrastructure would benefit the bar and litigants also as they would have access to better premises with amenities that would help in giving better justice

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