The Supreme Court on Tuesday rejected the proposal to construct the new building of the Bombay High Court at Goregaon, noting that it was not a convenient location.

The Bench of Chief Justice of India (CJI) DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala observed that the name of Goregaon apparently arose out of a court conversation, adding that it was not a ‘convenient’ site.

The Bench then suggested a patch of land at Bandra East as the alternative site.

Stating that it was aware of the humanitarian aspects involved since there were staff colonies on the proposed land at Bandra and the occupants would have to be relocated, the Bench observed that the State must act with ‘alacrity’ towards the High Court facilities.

It stressed on the need for additional space for the High Court, along with that of chambers.

Noting that the construction would take at least two to three years, the Bench determined that a structural and safety audit of the existing building would be necessary.

It directed the Central government, the Chief Justice of the Bombay High Court, and the Chief Secretary of Maharashtra, to hold a meeting and decide on a temporary alternative site.

The top court of the country then listed the matter for further hearing on May 17.

Emphasising on the need for construction to begin, the Bench expressed concern that the proposed land at Bandra was partially occupied and not yet handed over.

It sought help from the Central government through Solicitor General Tushar Mehta to obtain land at Cuffe Parade to shift some offices of the High Court, so that a structural and safety audit of the existing building could be conducted.

SG Mehta informed the Court that some members of the Bar had approached him in their personal capacity and that he had arranged a meeting between them and one of the Deputy Chief Ministers of Maharashtra.

Appearing for the state government, Maharashtra Advocate General (AG) Birendra Saraf assured the Court that the State would support its endeavours.

He apprised the Bench that the plot of land at Bandra was identified in October 2022 and that a government resolution (GR) was issued to vacate the land.

The CJI, however, remarked that waiting till December 2024 for handing over the plot was not feasible. By December, construction of the new building should commence, and therefore, the handing over should be completed by September, he added.

The Apex Court further suggested the High Court to consult the Central Public Works Department (CPWD) and other High Courts to expedite the drawings for the new site.

It said in order to ensure the structural safety of the existing premises, the State PWD would forthwith conduct a safety audit and apprise the court on the next hearing of the steps taken on that regard.

The Apex Court passed the order on a suo motu case based on a letter petition sent by the President of the Bombay Bar Association, Nitin Thakker and others.

In April 2024, the Bombay High Court had asked the Maharashtra government to explore land availability at Goregaon for the new High Court complex and provide a rough sketch of accessibility from the proposed coastal road.

This development came about despite the considerable progress made to shift the new High Court building to Bandra.

During that hearing, the Apex Court had clarified that it will not stop the government from declaring the currently allotted area at Bandra as a special area for public projects of vital importance.

Delay in undertrial cases leads to erosion of trust in justice delivery system: CJI Chandrachud

Chief Justice of India DY Chandrachud said on Wednesday that in India, the undertrials languished in prisons for longer duration as they could not cough up the funds required to pursue a case. 

Speaking during the inaugural event of the new building of the Jharkhand High Court, the CJI said the presumption of innocence was a fundamental of criminal law jurisprudence. 

As per CJI Chandrachud, the district judiciary needed to be at par with higher courts and they would augment the prestige of the citizens.

He said during his experience at the High Court, he knew the difference between justice and injustice, adding that delay in undertrial cases lead to erosion of trust in justice delivery system.

He stressed on the need to provide proper meals in courts and proper washroom facilities for women, pointing out that there were many courts, which did not have women washroom facilities.

The CJI said it was important to ask hard questions. He said that even now, the backward castes, marginalised classes, the Adivasis and tribal groups did not have proper land records and papers.

He said with the help of technology, the Supreme Court was aiming to take justice to the doorsteps of citizens. Stating that both the Supreme Court and High Courts conduct their business in English, he pointed out that almost 6,000 Supreme Court judgments have been translated to Hindi. 

As per the CJI, the judiciary would be able to reach 6.40 lakh villages only when the judgments were accessible in regional languages. About 34000 Apex Court verdicts were available free of cost on the e-SCR portal, while live streaming has helped to take court proceedings to every nook and corner of the country, he noted.

He said the Union government has sanctioned a plan of Rs 7,000 crore for the third phase of the e-courts project. 

While inaugurating the new building of the Jharkhand High Court, President Droupadi Murmu applauded the CJI for translating the verdicts of various courts in vernacular languages. 

Speaking on the occasion, Union Law Minister Arjun Ram Meghwal said that when the first phase of e-courts came, the government stressed on infrastructure. The second phase was focussed on citizen-centric services, while the third phase would prove to be revolutionary. The country has adopted everything today, from special courts to alternative dispute resolution (ADR). It also had a 24×7 court for traffic violations, noted the Union Minister.

He stressed on the use of regional languages in the judiciary, stating that language connected the citizens.

Chief Minister Hemant Soren, Governor of Jharkhand C.P. Radhakrishnan and Chief Justice of the Jharkhand High Court Sanjaya Kumar Mishra, among others, were present on the occasion. 

The government of Maharashtra on Thursday apprised the Bombay High Court that it would allot 30.16 acres of land in Bandra for the construction of a new building for the High Court.

The announcement was made by Advocate General Dr. Birendra Saraf before the Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep Marne, while they were hearing a plea seeking contempt of court action against the state government for non-compliance with a 2019 High Court order on land allotment.

The AG apprised the High Court that the land at Bandra East was currently reserved for government employee housing by the Public Works Department (PWD).

However, PWD has now granted its consent to give up that land for building the new High Court complex. A memorandum has been signed with the department to that effect, he added.

A formal government resolution (GR) to that effect would be issued shortly, revealed the AG.

He said the land would have central tribunals as well as chambers for lawyers, (8.9 acres) along with the High Court building (21 acres), which would also include judge’s quarters.

The AG further apprised the High Court that the state government would require some time to change the reservation to commercial complex, since it was currently reserved for government housing in the city development land.

Once it is done, the state would proceed to issue the GR, he added.

Petitioner Ahmed Abdi had contended that the contempt petition has remained pending for the past six years and the State has not taken any action yet.

As per the petitioner, the State was in contempt of the order passed by the High Court in January 2019 in the public interest litigation (PIL) filed by him in 2012, seeking a new building for the High Court on a priority basis.

In its January 2019 order, the High Court had directed the state government to take a decision on offering a large and convenient plot of land for construction of a new complex for the High Court.

Abdi said that after the order of January 2019, the High Court directed the file to be consigned to the record room and the Court was in touch with the executive to identify additional space.

Since the 2019 order, the State government has completely failed and deliberately ‘ignored’ to take steps towards the order, he added.

During its hearing on March 9, the High Court had asked the State to take a decision on the land allotment soon.

Chief Justice of India D.Y. Chandrachud on Tuesday stressed on increasing the accessibility to courts for women, Dalits and other Backward classes by way of creating adequate infrastructure for them at the grassroot level.

Speaking during the inauguration of new S block building of the Delhi High Court, the CJI said that even after more than 70 years of Independence, the district judiciary was in want of basic facilities like toilets.

Terming the district judiciary as the point of first contact, the CJI said improvement in judicial infrastructure should begin at the district level, as the district judiciary had immediate impact on the lives of the citizens.

He said the court complexes built during Colonial era imposed a sense of fear and awe in the consumers of justice.

As per the CJI, the common man initially went to the lower court with his problems, but there was lack of basic facilities, including toilets. Instead of reducing his stress, the atmosphere in a court room could aggravate his problems, he added.

Speaking about the magnificent building of the Delhi High Court, the CJI said when he was a young lad of 12 or 13, the Delhi High Court building was inaugurated and the transition happened from the Circuit Bench.

He said he remembered his mother telling his father that this was not some tin shed building, but a five star hotel.

Justice Chandrachud said he wondered what should be said about this new building, whether to call it a 7 star hotel or something more magnificent, which carried all modern facilities.

Stating that having the best infrastructure in New Delhi, the CJI said India survived much beyond the national capital as well.

He said the grand building of S block boasted of 200 chambers, Delhi International Arbitration Centre, parking space, cafeteria and other open spaces, which would give room to the common people.

Calling the Delhi High Court as a whiff of fresh air, the CJI said that it gave equality and relief to the citizens, even during the most difficult of times.

Stating that increasing judicial work in the Delhi High Court had put pressure on existing infrastructure, Justice Chandrachud said a
dedicated space for DIAC constituted a step in the right direction for ADR in the country.

He added that justice should be made accessible to all through judicial infrastructure, be it physical, digital or in any other way.