IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2448 OF 2005 APPLICATION NO.2448 OF 2005 APPLICATION NO.2448 OF 2005 Sou.Sulochana Laxman Talwar. ... Applicant. Versus. The State of Maharashtra. ... Respondent. Shri Milind Deshmukh for the Applicant. Shri S.R.Borulkar, P.P. for the Respondent. CORAM CORAM CORAM : ABHAY S. OKA, J. : ABHAY S. OKA, J. : ABHAY S. OKA, J. DATED DATED DATED : 21st October, 2005. : 21st October, 2005. : 21st October, 2005. P.C.: P.C.: P.C.: 1. My attention has been invited to the order dated 4th May 2005 passed by this Court (A.M.Khanvilkar J.) in this application. In paragraph 7 of the said order, this Court has recorded grievance made by the learned A.P.P. that even the basic infra-structure such as racks to store the briefs are not made available. Now I am informed that the racks have been now made available. 2. The second aspect which is noted in the said order is that even proper tables and chairs are not available in the Public Prosecutor’s office to hold conferences with the Investigating Officers and other Government Officers. In paragraph 9 of the said order this Court noted that all these aspects will be examined by the Secretary to the Law and Judiciary Department and it is expected that the basic infra-structure will be put in place before the Court reopens in June 2005. 3. In order dated 19th August 2005, this Court noted that a proposal has been submitted by the Public Prosecutor to the Principal Secretary to the Law and : 2 : 2 : 2 : Judiciary Department of the State Government on 18th August 2005 for providing adequate number of tables and chairs. It is noted in the said order that there are 43 Assistant Government Pleaders and 77 staff members working in his office. He also pointed out that internet facility is not available in his office.The other grievance which was made on that day was that there is always an inordinate delay in clearing the bills submitted by the Government Pleaders. 4. The Registry has placed on record a circular issued by the Registrar General of this Court on 13th August 2005. By the said Circular, the Registrar General has directed that the concerned Officials of the Appellate Side Registry shall, in any case, return the bills/statements received from the office of the Government Pleader after duly certifying attendance of the Public Prosecutors and the Government Pleaders within 15 days from the date of the receipt. A Circular of the same date issued by the Government Pleader, High Court, Appellate Side is also placed on record. By the said Circular, it is directed that the bills/statements of the attendance in the Courts in criminal matters of the Public Prosecutors for preceding month shall be prepared and forwarded to the office of the Registrar General for necessary certification on or before 15th day of immediately succeeding month. There is a report dated 17th October 2005 submitted by Shri V.P.Patil, Under Secretary (Law) of the Government of Maharashtra : 3 : 3 : 3 : dated 18th October 2005 stating therein that from the date of receipt of the bill till clearance of the bill, the entire process of checking and approving the bills will be completed within a period of 28 to 30 days. It is stated that only in case there is some objection in the bill, it may consume some additional time. 5. These reports which are on record indicate that the bills/statements will be submitted by the office of the Government Pleader to the office of this Court for certification within a period of 15 days from the expiry of every calender month and if the bills/statements are submitted within the said period of 15 days, the Registry of this Court will certify the same within a period of 15 days from the date of receipt thereof. The report of the Law Ministry indicates that it will require maximum 30 days time to process and clear the bills. The reports submitted that the learned Government Pleader, Registrar General of this Court and the Under Secretary (Law) are accepted. The statements made in the reports will take care of the major grievance made by the learned Public Prosecutor regarding delay in clearance of the bills. 6. It is reported to me that the proposal submitted by the office of the Public Prosecutor on 18th August 2005 for providing adequate number of tables and chairs is still pending with the State Government. In view of the order passed by this Court on 4th May 2005, the said : 4 : 4 : 4 : proposal ought to have been processed long back. This Court has recorded in the earlier order the expectation that by June 2005 necessary facilities will be provided in the office of the Public Prosecutor. However, basic amenities such as adequate number of tables and chairs are not provided till today. The requirement of E-mail facility is also genuine. The State Government will have to consider proposal submitted by the Public Prosecutor in the light of the observation made by this Court in the order dated 4th May 2005. It is expected that the concerned Department of the State Government will consider the orders passed by this Court on 4th May 2005 and 19th August 2005 and will take appropriate action immediately. 7. Subject to what is recorded above, Criminal Application shall be treated as disposed of. Copies of this order be forwarded to the learned Advocate General of the State of Maharashtra as well as to the Chief Secretary to the Government of Maharashtra, Principal Secretary, Finance Department, and Principal Secretary to the Law and Judiciary Department of the State of Maharashtra. 7. Liberty to the Public Prosecutor to apply in case of any difficulty. Judge. Judge. Judge.