IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1648 of 2010 SHISHIR KUMAR S/O SITA RAM SINGH, RESIDENT OF VILLAGE+POST-FATAHPUR, P.S. SHEOHAR, DISTT- SHEOHAR……………………………………………………...PETITIONER Versus 1. STATE OF BIHAR 2. MR. ANUP MUKHERJEE, CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 3. MR. RAJENDRA KUMAR MISHRA, SECRETARY, DEPTT OF LAW GOVERNMENT OF BIHAR, PATNA 4. MR. BIDHU BHUSHAN PATHAK, REGISTRAR GENERAL, PATNA HIGH COURT, PATNA……………………OPP.PARTIES/CONTEMNORS --------- For the petitioner:- Mr. Sunil Kumar Verma, Advocate Mr. Suman Kumar Verma, Advocate For the State :- Mr. K.K. Jha, SC-18 For the High Court:- Mr. Amish Kumar, Advocate -------- 05/ 15-Sep-2010 Heard the parties. 2. According to the petitioner the order of the Division Bench dated 18.02.2010 has not been complied with by the State and hence a contempt proceeding be initiated. The said order of the Division Bench contained in Annexure-1 discloses that the petitioner, probably in public interest, wanted interference of this Court to make the District Court at Sheohar functional at Sheohar itself. In that context, the order records that the State counsel fairly stated “that the competent authority of the State Government shall enter into correspondence with Registrar General of 2 the High Court within a period of two weeks and take such steps by which the District Court at Sheohar would become fully functional--” 3. Learned counsel for the State and learned counsel for the High Court have shown us the correspondence made in the matter and it appears that still there is some shortcomings in the building such as lack of water supply, electricity supply and fresh colour washing with minor repairs. It appears that the matter was brought to the notice of the Standing Committee of this Court and on 13th July 2010 a resolution was passed that the District and Sessions Judge, Sitamarhi will expedite and complete the infrastructure for establishment of judicial courts at Sheohar. 4. Before parting with the matter it appears relevant to notice that in the show-cause filed on behalf of O.P. No.3, the Law Secretary, Government of Bihar, a letter from the Executive Engineer, Building Division, Muzaffarpur-2, Headquarters Sheohar dated 14.05.2010 has been annexed. It shows that for the sub- jail at Sheohar barracks have been constructed but residential quarters for the jail authorities such as Jail 3 Superintendent, Jail Doctor, and jailor have not been constructed as yet. The letter further shows that for that tender process has been initiated. That letter requires to be kept in mind by the authorities of the State because a jail along with necessary infrastructure is essential before an independent judgeship at Sheohar can be made functional. 5. The same show-cause of O.P. No.3 further discloses that the Law Secretary himself made an inspection of Sheohar on 01.08.2010 along with all the concerned officials including District & Sessions Judge, Sitamarhi as well as District Magistrate and Superintendent of Police, Sheohar. In that report which is part of Annexure-E which is a letter from the Law Secretary dated 06.08.2010 addressed to the Secretary, Building Construction Department, Government of Bihar, it has been mentioned that during inspection the Superintendent of Police disclosed that at present in the Sheohar District no police line has been constructed and it is functioning from a small tiled house and the police force is somehow living at different places. The Superintendent of Police further disclosed that the 4 number of the police force was inadequate and in case Civil Courts is established at Sheohar then it will not be possible in the present situation to provide sufficient security to the judicial officers and to the jail. 6. Although the order of the Division Bench has been complied with by the State to a large extent by entering into correspondence with the Registrar General but still steps remain to be taken so as to make District Courts at Sheohar functional. 7. We would have liked the authorities to take categorical stand within what time they would take care of all the shortcomings relating to the Court building, official quarters, infrastructures for the jail and adequate security measures but learned counsel of the State has submitted that these issues, particularly raising strength of the police force at Sheohar and construction of police line will require further policy decision which may not be possible presently in view of impending assembly election. 8. In the facts of the case, the contempt application is disposed of with a direction to the concerned authorities of the State Government to take 5 required decision and provide all the requisite infrastructure including adequate police security at Sheohar within a reasonable time. 9. In case of any difficulty being faced by the State and chances of any delay, the State authorities are expected to explain their stand and indicate the time schedule through correspondence with the Registrar General. Let a copy of this order be handed over to learned Counsel for the State, Mr. Kaushal Kumar Jha. perwez ( Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)