The Supreme Court on Monday asked the high courts, which have not yet filed their affidavits on the availability of toilets for men, women and transgenders in the judicial establishments in their respective states, to do so positively within two weeks.
Observing that 23 out of the 25 high courts have filed their compliance affidavits, a bench headed by Chief Justice D Y Chandrachud said the remaining two should file their responses within two weeks failing which the apex court would be constrained to take a “serious view” of the default.
The top court, while hearing a petition on May 8, had directed that the high courts shall file tabular statements on affidavit indicating all relevant details pertaining to availability of toilets for men, women and transgenders, steps taken for maintenance of toilets, whether separate toilet facilities are made available to litigants, lawyers and judicial officers and whether adequate sanitary napkin dispensers have installed in women’s toilets.
It had said the affidavits shall cover the establishments of the high court and the entire district judiciary in the respective states or union territories.
“23 high courts have filed their compliance affidavits in pursuance of the previous directions of this court,” said the bench, also comprising Justices J B Pardiwala and Manoj Misra.
The bench said a soft copy of the affidavits filed by the high courts shall be compiled and supplied to the counsel representing the petitioner and Additional Solicitor General Aishwarya Bhati, who was appearing for the Centre.
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“The high courts which have not filed their responses shall now positively do so within a period of two weeks failing which this court would be constrained to take a serious view of any default,” the bench said and posted the matter for hearing after two weeks.
During the hearing, Bhati told the bench that some high courts have filed their responses in the matter.
“What we really need to do is to put those responses together and find out what the deficiencies are,” the bench said.
In its July 17 order, the apex court had noted that as on date, 14 high courts have filed their responses in pursuance of the May 8 order.
“The registrars general of those high courts which have not filed their responses shall positively file their responses within a period of three weeks. Within the aforesaid period, the high courts which have filed their responses may update/amend the same,” it had said.
