In India, the reform in the administration of Justice is a big challenge. A huge number of cases are pending in the courts, and the advocates, who assist the courts in justice delivery system, work in laborious situations for adjudication and disposal of such court cases. The working conditions of advocates in such courts and infrastructure available thereto is a matter of great concern. Most of the advocates do not have any personal office or library, and they are forced to depend on the bars’ offices and library.
Realizing such working conditions of the advocates, the High Court of Madhya Pradesh, Gwalior Bench, in a Public Interest Litigation, while invoking its jurisdiction under Article 226 of the Constitution of India, directed the State Government, “it is obligatory on the part of the Government to bear electricity expenses for fans, tube-lights and bulbs and even coolers during summers officially provided by the Courts in the bar rooms of the High Court, District Courts and Tehsil Courts.
This Judgment (decided on 24 January 2013) was delivered by the Divisional Bench comprising Justice S.K. Gangele and Justice G.D. Saxena in the matter of Vinod Kumar Bhardwaj v. State of M.P. (Writ Petition No. 5007 of 2012), initiated as a Public Interest Litigation by a Senior Advocate, Mr. Vinod Kumar Bhardwaj. While pronouncing the Judgment, the Hon’ble High Court relied on the authorities of the Supreme Court, which are as follows: –
- Lalit Mohan Das v. The Advocate General, Orissa, reported in AIR 1957 SC 250;
- Supreme Court Bar Association v. B.D. Kaushik (2011) 13 SCC 774; and
- Sudha v. President, Advocate Associations, Chennai (2010) 14 SCC 114.
It is pertinent to note that these directions are applicable to the territorial jurisdiction of the Gwalior Bench.