The Punjab and Haryana High Court criticized the Punjab government on Tuesday for attempting to reverse its order from September 12, which mandated that the Deputy Commissioner and Senior Superintendent of Police in Malerkotla vacate a government guest house. This order was intended to make the guest house available for the district and sessions judge, as well as the chief judicial magistrate. The court remarked that a straightforward reading of the government’s application hinted at “bordering on contempt,” and summoned IAS officer Gurpreet Singh Khaira, Secretary of the Department of Justice, to appear virtually at 10 am on Wednesday to clarify why contempt proceedings should not proceed against him.
A division bench, led by Chief Justice Sheel Nagu and Justice Sanjiv Berry, labeled the state’s recall application as “scandalous.” They indicated that the only justification offered by Punjab was a resolution from the building committee passed on September 2, which approved the proposal to construct permanent housing for district and sessions judges, along with courtrooms, within a year. Chief Justice Nagu emphasized that this resolution had already been considered in the September 12 order, which the state was now trying to amend.
On September 12, the court noted through an affidavit from the Punjab Justice Department that no adequate accommodation was available for judicial officers in Malerkotla, even though the district was established in June 2021 and a sessions division was formally announced in August 2023. The High Court’s Building Committee had resolved on September 2 to construct permanent court facilities within a year, also stating that housing meant for executive officers could be reassigned if deadlines were not met. The court, citing Punjab’s “repeated failure to provide infrastructure,” declared it was necessary to vacate the guest house currently used by the DC and the SSP for the district and sessions judge’s use.
In defense of Punjab, Advocate General M. S. Bedi argued on Tuesday that the state had allocated 13.60 kanals of land for judicial housing and submitted plans to the Building Committee on September 23. He contended that building permanent residences would take at least one year and that the court’s September 12 order disregarded the committee’s opinion that accommodations for executive officers should be a “last resort.” Chief Justice Nagu rebuked the state for defying the earlier ruling, pointing out that the September 2 resolution had already been accounted for.
The judges raised concerns about Punjab’s priorities, noting that it has been 14 years since Pathankot was designated a district, yet permanent housing for judicial officers is still lacking. They questioned the rationale behind establishing a sessions division if the state cannot provide even basic infrastructure. In response, Punjab standing counsel Salil Sabhlok clarified that many residences for officers had been rented and were not owned by the Punjab government.
High Court counsel Gaurav Chopra denounced Punjab’s application as “scandalous” and “bordering on contempt,” highlighting that it suggested the High Court could not intervene once the Building Committee had taken action. He pointed out that the committee merely assists the court and cannot override its orders. Chopra, along with the petitioner’s counsel, noted that while the Malerkotla district was formed in 2021, the establishment of a sessions division only occurred after a public interest litigation was filed, and currently, there is still no sessions judge assigned due to a lack of accommodation.
The petitioner lamented that citizens must travel long distances to pay fines due to the inadequate judicial infrastructure. The court firmly rejected the state’s plea, stating, “You are bound to comply with the orders of this court. Instead of compliance, you have filed an application questioning our jurisdiction. This will not be tolerated.” Consequently, the bench directed Punjab’s Justice Department secretary to explain on Wednesday why contempt proceedings should not be initiated.
Original Source: https://indianexpress.com/article/cities/chandigarh/high-court-summons-punjab-justice-secretary-malerkotla-10280315/
Category: Chandigarh,Cities
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Publish Date: 2025-09-30 18:44:00
