Judicial housing row: Malerkotla Vacate DC, SSP houses for judge by Nov 17: HC to Punjab
The bench of chief justice Sheel Nagu and justice Sanjiv Berry, however, gave time till November 17 to comply with the order while making it clear that the state can challenge the high court order or comply with it. But there is no third option.
The Punjab and Haryana high court on Wednesday dismissed a review plea filed by the Punjab government against its September 12 order in which the government was directed to vacate official accommodations of the deputy commissioner and senior superintendent of police, Malerkotla, for the use by the district and sessions judge.
The bench of chief justice Sheel Nagu and justice Sanjiv Berry, however, gave time till November 17 to comply with the order while making it clear that the state can challenge the high court order or comply with it. But there is no third option.
“What you have filed (review application) seeks to go behind a judicial order by relying on an administrative decision. That cannot be done,” the court observed while refusing to modify the order.
The court was hearing a petition filed by the Malerkotla District Bar Association, pending since 2024, highlighting infrastructural issues at district courts. The district came into being in 2021. However, the government has failed to provide proper infrastructure not only for judicial functioning but also for other divisions such as the DC office and SSP’s office. It was on September 12 that the high court, while dealing with the plea, had ordered vacation of residential accommodations (guest houses) presently occupied by the deputy commissioner and senior superintendent of police and allotted the same to the district and sessions judge, for official residence/courtrooms. The government had filed a review plea against this order while arguing that the building committee of the high court had given the government one year’s time for construction of the same, hence, the September 12 order should be modified.
On September 30, the high court took up the review plea and found the content of the plea ‘objectionable’ and had summoned department of justice secretary Gurpreet Singh Khaira for a hearing on Wednesday, seeking his explanation as to why contempt of court proceedings should not be initiated against him.
Khaira appeared and had apologised to the court and had assured that the government intends to complete the work within the deadlines set out by the building committee.
However, the court did not budge and at one point of time even observed whether the court should withdraw the judicial division. The court also questioned why the new district was created, if the basic infrastructure for police, civil administration, and judicial officers couldn’t be provided.
The court also rejected the state’s plea for staying the operation of the September 12 order till the next date of hearing, while observing that the same would amount to allowing the prayer of recalling the order in question.
“...this court is of the considered view that the recalling of judicial order passed on 12.09.20225 cannot done based on an administrative decision taken by the building committee on 02.09.2025,” the court said while dismissing the plea and setting a deadline for the administration to vacate DC and SSP houses by November 17.
