Imtiyaz Ahmad v. State of U.P. & Ors.[Criminal Appeal Nos. 254 – 262 of 2012]
Direction issued
(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”.
