HP High Court Warns State of Contempt Action Over ₹10 Crore Unpaid Dues, Summons Finance Secretary

Shimla: In a stern rebuke to the state government, the Himachal Pradesh High Court has directed the Finance Secretary to appear in person with a draft of ₹10 crore, warning of contempt proceedings if the funds, crucial for the day-to-day functioning of the judiciary, are not released. The Court, presided over by Justice Neeraj Gupta , took a strong exception to the state's "prima facie" attempt to interfere with the administration of justice by withholding sanctioned funds.

The order was passed in a Public Interest Litigation initiated by the court itself (CWPIL No. 46 of 2023), highlighting a severe financial crunch that is hampering judicial operations across the state.

Background of the Case: A Tale of Unpaid Bills and Pending Proposals

The Court noted a series of communications and reminders sent to the state government for the release of funds, which have gone unheeded. The judgment details a staggering amount of over ₹10 crore in outstanding dues owed to the High Court and the subordinate judiciary.

The arrears include: * Pensions for Retired Judges: Arrears totaling ₹3.24 crore for orderlies and telephone expenses for retired judges, payable since October 2014. * Operational Expenses: Over ₹6.88 crore is due for medical reimbursements, travel expenses, court hospitality, and other essential charges for the High Court and Civil & Sessions Courts. * Infrastructure: A separate amount of ₹4.07 crore is pending for the purchase of new vehicles.

The Court expressed deep concern that the state's inaction extends beyond financial matters, directly impacting judicial infrastructure and efficiency. A proposal sent in July 2023 for the creation of 7 Additional District Judge courts and 39 Civil Judge courts remains in limbo. The standard response from the state, as cited in the judgment, has been a curt communication from the Finance Department stating it "regrets its inability to concur in the proposal."

Court's Reasoning: "Interfering in the Due Course of Judicial Proceedings"

Justice Gupta observed that the persistent failure to release funds is not merely an administrative lapse but a serious impediment to the functioning of the judiciary. The Court found that the state's actions were, on the face of it, prejudicial to the justice delivery system.

In its order, the Court stated: > "...the said action of the State is apparently, prima facie, prejudicing and interfering and intending to interfere in the due course of judicial proceedings and the administration of justice under Sections 2 (c), 2(i) and 3(i) of the Contempt of Courts Act, 1971 , apart from the violation of the order of the Apex Court."

The judgment also pointed out the state's failure to establish a permanent Lok Adalat as mandated by the Legal Services Authority Act, 1987, and its refusal to enhance the stipend for law interns, citing "financial exigencies."

The Ultimatum: Pay Up or Face Contempt

Citing the critical situation, the Court issued a direct and unambiguous order: > "Resultantly, let the Secretary (Finance) come present in this Court alongwith necessary Draft of Rs. Ten Crores, in favour of the Registrar General, High Court of Himachal Pradesh, failing which contempt notice will be issued..."

The Court clarified that the personal appearance of the Finance Secretary would be dispensed with if the amount is disbursed into the High Court's account before the next hearing.

Final Decision and Implications

The High Court has listed the matter for November 13, 2025 , setting a clear deadline for the state government to comply. This order underscores the principle of financial autonomy for the judiciary and serves as a powerful reminder to the executive of its constitutional duty to support the administration of justice without hindrance. The outcome of this case will have significant implications for state-judiciary relations and the operational independence of courts in Himachal Pradesh.