'Politicians, bureaucrats find it tough to accept failure as it is not in their veins'

New Delhi: The Delhi High Court on Wednesday stated that politicians and bureaucrats "find it very difficult to accept their failure and inability as it is not in their veins", while questioning the Delhi government on whether any steps have been taken with regard to the proper Covid-19 treatment of subordinate judiciary's judicial officers, who expose themselves to the virus on account of their nature of work.

A division bench of Justices Vipin Sanghi and Jasmeet Singh made this observation while hearing a plea moved by Delhi Judicial Members Association which was seeking directions to ensure that judicial officers and their family members are provided adequate Covid-care facilities by the authorities with a central mechanism within districts with an attached hospital within each district.

During the hearing, the bench was informed by Advocate Dayan Krishnan who was appearing for the petitioner, that existing facilities that are being provided to judicial officers on the ground are "eye washing" and some of the districts do not have any attached hospitals in them.

In response, the bench noted that three judicial officers had already died after contracting the virus and hence judicial officers should be treated at par with designated frontline workers like the armed forces and police personnel.

"In the Supreme Court and High Court, we hold constitutional positions and our protocols are different but that is not the case of subordinate judiciary. The judicial officers' exposure is different and you should take steps for good reasons…" the bench said while asking the Delhi government to examine the same and take steps in this regard.

Expressing concern over the condition of judicial officers in lower courts, Justice Sanghi remarked, "It is very difficult for the bureaucracy and political leaders to accept failure. Even inability they will not accept. But what the ground reality is, we all are seeing".

Delhi government, represented by senior advocate Rahul Mehra, however told the court that an earlier order was passed by the

High Court which stated that District Judges should coordinate with District

Magistrates to look over the medical concerns of judicial officers and their families and each district should have a nodal officer.

However, the bench took exception to the submission and said that it will not go into it for now as the same has not been delivered. "...they are here because it didn't bring about any satisfactory results…"

The court also noted that a system has to be put in place now and one has to be prepared for the worst as nobody knows how the situation would be in the future. "...look at the number of judicial officers and their families being infected, it's staggering. Because of the nature of their job, they have to expose themselves so we need to protect them...you don't expect a judge to discharge his duty when his son, daughter, wife or any other family member is seriously ill. Take steps on your own...you (Delhi government) don't need to wait for orders on this," the court noted.

Senior advocate Mehra submitted that it will consider designating judicial officers as frontline workers and a status report in this regard will be filed by the government. The matter will be next taken up on May 27.