HC Bench issue: onus on new CJ

By M. Madan Mohan

HUBLI, OCT. 15. There is renewed interest in the issue of establishment of a High Court Bench in Hubli-Dharwad as Mr. Justice P.V. Reddi is assuming charge as the new Chief Justice of the Karnataka High Court next week.

The Chief Justice will not only have to break the stalemate in the relations between the Executive and Judiciary, but also assuage the feelings of the people of North Karnataka for whom setting up of a High Court Bench is a highly emotive issue.

Initially, it was the political leadership which dithered in making a proposal to the Union Government in consultation with the Chief Justice of the High Court. But, the ground realities changed when more powers were vested with the Chief Justice and the High Court in taking decisions on the basis of judicial interpretations following the judges' appointment case in 1993. The Chief Justice was given the powers to decide on the matter of setting up a High Court Bench.

The delay since is a fallout of a lack of communication between the Executive and Judiciary, and the failure of the former to take the Judiciary into confidence before taking a decision.

During agitations in North Karnataka, the Executive would make statements and the Legislature would adopt resolutions favouring the demand. However, there would be no further action. The Judiciary would stick to its stand of not favouring proposals on setting up a High Court Bench. Under the circumstances, both the Executive and the Judiciary continued to operate in their own domains.

The S.M. Krishna Ministry made efforts to break the impasse when an agitation led to a prolonged boycott of courts by lawyers in North Karnataka. But its efforts to resolve the issue without involving the judiciary, set at nought the initiative it had taken.

The agitation had been launched after a report of the five-member committee of judges rejected the demand for a Bench in the region. At a Cabinet meeting, it was decided to seek establishment of a Circuit Bench initially. The Government invoked Section 52 (2) of the States Reorganisation Act, putting the onus of taking an initiative on the Union Government. A delegation was taken to the Prime Minister, and a proposal sent to the Union Law Minister. Inherent in the efforts was an attempt to bypass the Chief Justice.

For a while it looked as though the Chief Minister's move to persuade the Centre to take action was paying dividends. It was reported that the Union Law Ministry was securing the concurrence of the Chief Justice and the Governor in the matter. However, things were back to square one following the resignation of Mr. Ram Jethmalani as the Union Law Minister.

Mr. Justice Ashok Bhan, who headed the five-member committee of the judges which rejected the demand, assumed office as Acting Chief Justice after the retirement of Mr. Justice Bhaskar Rao, complicating matters for the State Government. As a result, the proposals for setting up a circuit Bench or a permanent Bench were not taken up. There was hardly any progress on the matter after the Cabinet adopted a resolution on the establishment of a Circuit Bench.

After the exit of Mr. Jethmalani, his successor, Mr. Arun Jaitley, chose to await a recommendation from the State Government evolved in consultation with the Chief Justice. However, the State Government was hardly in a position to make such a recommendation, and it resolved to wait for the new Chief Justice to assume office.

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Section  : Southern States
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