Imtiyaz Ahmad vs State of U.P. - Supreme Court Important Judgment

 Imtiyaz Ahmad vs State of U.P. - Supreme Court Important Judgment 2017 - 


On 2nd January, 2017, in the case of Imtiyaz Ahmad vs State of U.P. & Ors. [Criminal Appeal Nos. 254 – 262 of 2012], while expressing concern with the pendency of cases before the High Courts, where proceedings were stayed at the stage of the registration of an FIR, investigation, framing of charges or during trial, a three Judge Bench observed that it is necessary to provide for the required judge strength in every State district judiciary so as to facilitate the creation of infrastructure, and inter alia directed as follows:-

(i) Until the National Court Management Systems Committee (NCMSC) “formulates a scientific method for determining the basis for computing the required judge strength of the district judiciary, the judge strength shall be computed for each state, in accordance with the interim approach indicated in the note submitted by the Chairperson, NCMSC”;

ii) “NCMSC is requested to endeavour the submission of its final report by 31 December 2017”;

iii) “A copy of the interim report submitted by the Chairperson, NCMSC shall be forwarded by the Union Ministry of Law and Justice to the Chief Justices of all the High Courts and Chief Secretaries of all states within one month so as to enable them to take follow-up action to determine the required judge strength of the district judiciary based on the NCMSC interim report, subject to what has been stated in this judgment”;

iv) “The state governments shall take up with the High Courts concerned the task of implementing the interim report of the Chairperson, NCMSC (subject to what has been observed above) and take necessary decisions within a period of three months from today for enhancing the required judge strength of each state judiciary accordingly”;

v) “The state governments shall cooperate in all respects with the High Courts in terms of the resolutions passed in the joint conference of Chief Justices and Chief Ministers in April 2016 with a view to ensuring expeditious disbursal of funds to the state judiciaries in terms of the devolution made under the auspices of the Fourteenth Finance Commission”; 

vi) “The High Courts shall take up the issue of creating additional infrastructure required for meeting the existing sanctioned strength of their state judiciaries and the enhanced strength in terms of the interim recommendation of NCMSC”;

vii) “The final report submitted by NCMSC may be placed for consideration before the Conference of Chief Justices. The directions in (i) above shall then be subject to the ultimate decision that is taken on receipt of the final report”; and viii) “A copy of this order shall be made available to the Registrars General of each High Court and to all Chief Secretaries of the States for appropriate action”.

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