‘Strange and shocking’: HC raps Punjab govt over lack of housing for judiciary, directs it to comply with Malerkotla order

The Punjab government’s plea before the high court had sought modification of the September 12 order which had directed that the residences of the Malerkotla DC and the SSP be vacated for use by the district and sessions judge.

The Punjab and Haryana High Court strongly criticized the Punjab Government because of its failure to provide permanent homes for judges in several districts. (File)

The Punjab and Haryana High Court on Friday pulled up the Punjab government for what it called the “strange” and “shocking” failure to provide permanent residential accommodation for the judiciary in several districts, as the state sought more time to comply with the court’s September 12 directions.

A division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry questioned the state after it emerged during the hearing that the district and sessions judges of Moga, Mohali and Pathankot were living in requisitioned houses. “Why is it so? This is not only strange but shocking,” CJ Nagu remarked, asking the state to explain why basic housing had not been ensured despite these districts being in existence for years.

On Friday, the matter was heard in the context of Punjab’s plea seeking modification of the September 12 order which had directed that the guest house of the Deputy Commissioner and the residence of the Senior Superintendent of Police (SSP) in Malerkotla be vacated “forthwith” for use by the district and sessions judge, and asked the Building Committee to reconsider the status of two temporary courtrooms.

In the Supreme Court earlier this week, Senior Advocate Abhishek Manu Singhvi, appearing with Advocate General Maninder Singh Bedi, sought three months’ time to demonstrate progress, saying the state was not asking for a recall of the order but only a reasonable extension.

The counsel for the court questioned Punjab’s conduct before the Supreme Court. He noted that when the state withdrew its Special Leave Petition (SLP) on November 14, the apex court granted it limited liberty to approach the high court only for an extension of time. It was also pointed out that the SLP did not disclose that the high court had already rejected the state’s review petition on October 1.

‘Attempt to revive issues’
The counsel for the court submitted that the state was attempting to “re-agitate issues that have already attained finality”, including pleas that the DC and SSP of Malerkotla should not be shifted.

Appearing for Punjab, Senior Deputy Advocate General Salil Sabhlok told the bench that two new courtrooms had been constructed in Malerkotla and work on a family court had begun. He said revised architectural drawings for judicial housing were submitted to the high court’s Building Committee on September 25 and were awaiting approval. He also cited a technical assessment declaring the Public Work Department’s (PWD) guest house and SSP residence unsafe for conversion into courtrooms.

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The bench, however, expressed scepticism. “We have seen how the state functions in Gurugram. We are still waiting for that Tower of Justice,” CJ Nagu observed, adding that Haryana had moved faster on similar projects.

The counsel for Punjab pleaded difficulties in vacating the DC and SSP residences, citing the presence of a police control room and office facilities that needed relocation. Sabhlok said the issue was causing “severe pressure” on the administrative side and asked for additional time before the state was held liable for non-compliance.

“For the time being, we are granting you time to comply with the order dated September 12,” the bench said, posting the matter for December 5.