Karnataka Govt., HC heading for confrontation

By J. Venkatesan

NEW DELHI, JUNE 24. The views expressed by the Karnataka High Court that ``it is not desirable nor feasible to establish a Bench of the High Court in Hubli-Dharwad'' has raised an important question - whether the judiciary can say no to the aspirations of the people.

Even as the Bar Council and people of Hubli-Dharwad are spearheading an agitation for the establishment of a Bench, the Karnataka Government and High Court seem to be heading for a confrontation.

The State Government feels the court's views are contrary to the opinion of the Jaswant Singh Commission which favoured setting up of more than one High Court Bench in States where they were required to serve the needs of the litigant public.

People's will is manifest in the unanimous resolution passed by both the Houses of Karnataka Legislature. Therefore, the Government is keen on taking up the issue again, with the change of guard in the judiciary, and reiterating its stand. The High Court is to have a new Chief Justice shortly. The positive response of the judiciary is vital for setting up the Bench.

According to the Karnataka Chief Minister, Mr. S.M. Krishna, senior Government officials have visited Hubli-Dharwad to inspect the infrastructure available for setting up of a circuit Bench by November 1 before a permanent Bench could be established. He is confident that the Government will get the High Court's nod, for establishing the Bench, without any confrontation.

The Government of India appointed the Jaswant Singh Commission, in 1981, to examine the question of having Benches of the High Courts at places away from their principal seats. The Commission, in its report dated April 20, 1985, considered all the pros and cons of having more than one Bench and concluded that, if need be, additional Benches could be set up wherever necessary.

It, however, laid down several guidelines, which are to be fulfilled by the State concerned, for setting up a permanent Bench of the High Court. The guidelines mainly related to the provision of infrastructure facilities like court halls, judges chambers, adequate staff etc. In many States like Maharashtra, Madhya Pradesh and Rajasthan, there is more than one High Court Bench and there is no complaint from the litigants or others about the quality of dispensation of justice.

Only recently, foundation stone was laid for the establishment of a High Court Bench at Madurai to serve the needs of the people of southern districts in Tamil Nadu. But in all these States, the judiciary has concurred with the views of the State Governments.

But in Karnataka, a peculiar situation has arisen wherein the High Court has turned down the State's proposal. The Chief Justice of Karnataka, in his letter dated June 9, informed the Government that the committee of judges, constituted for the purpose, had come to the conclusion that it was neither desirable nor feasible to establish a Bench of the High Court at any of the places suggested by the Government.

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