Supreme Court Advocates for Permanent Infrastructure for Tribunals, Criticizes Use of Outsourced Staff

The Supreme Court emphasized the need for permanent infrastructure and staffing for the Jammu and Kashmir Central Administrative Tribunal (CAT) on Thursday, advising against the use of outsourced personnel in judicial and quasi-judicial bodies. Justices Surya Kant and Ujjal Bhuyan voiced concerns during a hearing that highlighted the operational challenges faced by the tribunal, which currently operates out of a rented building in Jammu.

During the session, Additional Solicitor General Aishwarya Bhati, representing the Centre, disclosed that the government has been addressing staff vacancies through outsourcing. However, the bench pointed out the inadequacy of such measures, noting that of the 58 sanctioned positions at the tribunal, only 26 are permanently filled, with 10 being temporarily covered by outsourced workers.

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Justice Surya Kant shared an anecdote about a tribunal member who raised issues over high-stake case files being managed by outsourced staff. “In court, you need to have somebody who is completely responsible,” he remarked, stressing the importance of stability and accountability in judicial functions.*

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The justices also highlighted potential problems with the current arrangement, including the risk of eviction from the rented premises which could disrupt tribunal operations. “The courtroom should have an aura. It should not function from a private house, in a drawing room converted into a courtroom,” Justice Kant stated, urging the government to invest in a dedicated, permanent facility for the CAT.

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The call for improved tribunal facilities and staffing practices comes after a series of observations made by the Supreme Court regarding the need for better infrastructure to ensure efficient and secure judicial proceedings. The tribunal in Jammu has particularly struggled with these issues, leading to repeated interventions by the apex court to safeguard its functionality.

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