The Supreme Court has directed the Centre and Jammu & Kashmir administration to provide proper space for the Central Administrative Tribunal in Jammu within one month. The court also stressed the need for a permanent building and proper staff for smooth functioning.
New Delhi: The Supreme Court on Monday expressed strong dissatisfaction over the long delay in providing proper infrastructure for the Central Administrative Tribunal (CAT) at Jammu.
The top court directed the Central Government and the Jammu and Kashmir administration to ensure that a suitable space is provided within one month so that the CAT can function smoothly.
The directions were passed while hearing a Public Interest Litigation (PIL) filed in 2020 by Achal Sharma. The PIL highlighted serious issues such as lack of proper space and shortage of staff, which were affecting the functioning of the CAT bench at Jammu.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pamcholi observed that the authorities were moving at a very slow pace.
The court remarked that if things continued in this manner, it would take several years for the tribunal to get its own proper premises.
While issuing clear directions, the Supreme Court said,
“The Union of India and the Union territory of Jammu and Kashmir are directed to provide open space as soon as possible but not later than one month (for functioning of the CAT).”
The Bench noted that earlier attempts to shift the CAT to a private building had failed due to disputes related to ownership of the premises where the tribunal was supposed to be relocated. This uncertainty further delayed the tribunal’s functioning.
During the hearing, Additional Solicitor General Aishwarya Bhati, appearing on behalf of the Centre, informed the court that the authorities had now identified a building owned by the Jammu Development Authority where the CAT could be shifted.
Taking note of this submission, the Bench directed the authorities to take urgent steps to ensure the relocation happens without further delay.
The Supreme Court also stressed the need for a permanent building for the CAT at Jammu. It directed the Central Government and the Jammu and Kashmir administration to identify suitable land in Jammu and begin steps for constructing a permanent tribunal building within three months.
The court further ordered both authorities to submit a detailed status report on the progress by the end of February next year.
The Bench also raised serious concerns about the practice of appointing outsourced staff in judicial and quasi-judicial bodies. Emphasising the importance of confidentiality and proper record maintenance, the court said,
“It is highly desirable that there should be a permanent building, along with proper courtrooms, chambers, offices and staff of the tribunal. It may not be prudent to deploy outsourced staff in judicial and quasi-judicial bodies, where maintenance of records, confidentiality and updating of records are day-to-day challenges,”
In response, the Additional Solicitor General stated that the government was currently filling vacant positions through outsourcing arrangements.
The Supreme Court recalled that in August last year, it had already taken note of the poor infrastructure at the CAT Jammu and had directed the tribunal’s judicial member to file a status report detailing the requirements necessary for smooth day-to-day functioning.
The court had also observed earlier that the functioning of the tribunal was being seriously affected due to shortage of supporting staff.
With the fresh directions, the Supreme Court made it clear that delays in providing basic infrastructure to judicial and quasi-judicial bodies would not be tolerated, especially when such shortcomings directly impact access to justice for litigants.
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