Plea for judicial vista: Take time but solve space crunch issue, SC tells Centre

A bench of Justices Vineet Saran and J K Maheshwari told Solicitor General Tushar Mehta that all it intended to do when it took up the matter on Monday and sought his presence was to highlight the issue so that the government can plan suitably.

“Yesterday [when the court took up the petition and sought the SG’s presence], we said no directions are going to be issued. It is a matter the government should take up on its own… By means of this petition, it is being brought to the notice of the government that such a problem is there,” said Justice Saran.

“You can plan… not in one month or three months or so, but at least the starting of the planning can be there… so that there can be a comprehensive solution… The problem is there, it is not for the court to solve the problem. The court can only guide, but the problem has to be solved by you,” he said.

The court was hearing a plea by advocate Ardhendurmauli Kumar Prasad, who said the present infrastructure of the Supreme Court is not sufficient and prayed that the area around the court be redeveloped as a judicial vista to accommodate more courtrooms, office spaces and lawyer chambers.

During the hearing, Justice Saran, apparently referring to the crowded court corridors, said, “We don’t go around in the corridors… It is horrible. So something has to be done… And that only the government can do.”

Mehta agreed it is “horrible, especially for senior counsel”.

Pointing to the space crunch, Justice Saran said, “Up till court number 9 it is alright, but after that…it is not the way….”.

“It is not befitting the highest constitutional court,” added Mehta.

Justice Saran said neither he nor his brother judge will be there to enjoy the fruits of the petition as they will retire before the proposal materialises. Mehta responded, “This government works fast.”

Petitioner Prasad said if the Central Vista could come up quickly, the judicial vista can also be realised. “If the government plans… and its execution starts, we will have the new judicial vista before 2030,” he said.

Justice Saran said, “At least this has to be given a thought.”

Mehta assured the court that he would “take it up personally” with the government.

The court said issuing a direction is not the solution and that it “has to be thought out and with consensus only it can be done”.

Senior advocate V Giri, appearing for the Supreme Court, said he will file an affidavit on behalf of the Secretary General of the Supreme Court. “Where the Supreme Court is a party, it will put on record whatever that is required to be said,” he said.

The bench, however, said he need not bring anything on record at this stage, but only later. “At this stage, if things can be resolved, and your every problem comes in that solution, then it is not necessary at present,” it said.

Giri explained that it is not a counter-affidavit but only a statement of facts.

The court then recorded in its order that the SG had said that problems, as pointed out in the petition, will be looked into by the government in consultation with the Registry of the Supreme Court, and asked Giri to coordinate with the SG and apprise him of the various problems, which need to be resolved. It also allowed the petitioner’s request that he, too, may be kept abreast of the consultations.