The Hindu : Karnataka News : `Will of the people is paramount'

Online edition of India's National Newspaper
Wednesday, Sep 08, 2004

Karnataka

Karnataka

`Will of the people is paramount'

By Our Special Correspondent

BANGALORE, SEPT. 7. The former Minister H.K. Patil, MLC, has said that the setting up of a High Court Bench should not be viewed from a narrow demographic angle but must be seen in the context of the impact it will have on the lives of the people in north Karnataka.

In a 16-page letter to the Chief Justice of the Karnataka High Court, N.K. Jain, Mr. Patil has said the establishment of a permanent Bench of the High Court in north Karnataka will ensure that justice is brought to the doorstep of the people of the region. Litigants now are being put to enormous hardship in travelling to Bangalore to seek justice in the High Court.

Unanimous resolution

Mr. Patil has said there is an urgent need for setting up a High Court Bench in north Karnataka. "The demand for the HC Bench symbolises the aspirations of the people of northern Karnataka. The will of the people is manifest in the unanimous resolution passed by both Houses of the State legislature. In a democracy, the will of the people is of paramount importance."

Mr. Patil, in his letter, has traced the history of the struggle for the establishment of a Bench and said the people of north Karnataka have been demanding that it be set up in Hubli-Dhawad since the formation of the State in 1956. The issue gained momentum in 1981 when the then Chief Justice of the High Court, D.M. Chandrashekar, favoured the establishment of a Bench in Dharwad, subject to the condition that the State Government provide a suitable building and other facilities.

Commission

However, the Centre, in 1981, appointed a commission headed by the former Supreme Court judge Jaswanth Singh to examine the question of establishing High Court Benches in places other that the principal seat. The State Cabinet agreed, in principle, with the recommendations of the commission and, in May 1988, the then Chief Minister wrote to the Union Law Minister reiterating the request for a High Court Bench in Hubli-Dharwad.

Mr. Patil has said the percentage of cases from north Karnataka in the High Court increased from 17.7 per cent (1,276 cases) in 1992 to 31.96 per cent (27,138 cases) in 2003, sufficient for the establishment of a Bench.

`Judges' panel in favour'

A committee of seven judges under the chairmanship of G.C. Bharuka was appointed by the High Court to go into the issue of establishing a Bench and it favoured the idea, Mr. Patil has pointed out.

The "further report" of that panel also recommended the establishment of a permanent Bench and two circuit Benches, Mr. Patil has said in his letter to the Chief Justice.

Again in 1992 both Houses of the legislature passed a resolution in favour of a Bench in north Karnataka and urged the Centre to intervene. In the same year, the High Court constituted a committee of five judges to examine the issue.

However, the Chief Justice of the High Court communicated the unfavourable decision of the committee to the Government on June 6, 2000. Subsequent efforts by the Krishna Government on the issue also failed, he has said.

Printer friendly page
Send this article to Friends by E-Mail

Karnataka

News Update

Stories in this Section

Cauvery tribunal: Dharam Singh to decide on State's stand

`Will of the people is paramount'

Uma Bharti for rekindling spirit of nationalism

Fresh CET counselling to begin on Friday

Bench: Yediyurappa sees no need for meeting Chief Justice

`Govt. will claim Kasaragod'

Bar associations to fight for Statehood to north Karnataka

Petition against police notification

Govt. urged to pursue Uma Bharti case

Adivasis reject draft national policy

Policy to protect weavers sought

Vyasaraja Math seer names successor

Briefly