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Report No. 239

12. Other Issues

12.1 The issues relating to setting up of new courts and filling up of vacancies is engaging the attention of this Hon'ble Court before a Bench presided over by Hon'ble Justice D.K. Jain in two matters [W.P. (C) No. 122 of 2008 Janhit Manch v. UOI and C.A. No. 1867 of 2006 (Malik Mazhar Sultan v. Union Public Service Commission)].

The subject related to infrastructure for the Courts is being monitored by another Bench headed by Hon'ble Chief Justice of India in W.P. No1022 of 1989. Further, in a recent judgment (Imtiyaz Ahmed v. State of U.P., 2012 (2) SCALE 81) of this Hon'ble Court, the Law Commission of India has been entrusted with the task of ascertaining the number of additional Courts needed in the country after consulting the concerned Stake-holders. In view of this, there is perhaps is no need for this Hon'ble Bench to go into the issue relating to inadequate number of courts and infrastructure in depth.

12.2 The need for dedicated police personnel attached to the criminal courts for service of summons and warrants has been dealt with in paragraph 9.1, page 26 above. It is necessary that having regard to the magnitude of the problem and the imminent need to speed up criminal justice, this Hon'ble Court be pleased to give appropriate directions to the State Governments and Governments of Union Territories in this regard.

12.3 Separation of investigation from law and order duties, Directions given in Prakash Singh's case, 2006 8 SCC 1 have not so far complied with except in a few Police Stations. The Commission does not propose to discuss this aspect firstly, for the reason that there is already a direction of the Supreme Court, secondly, there is already the report of Law Commission (154th report) recommending such separation, and thirdly, it involves interaction with both senior and junior level police officials, which is a time consuming process.

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