The Hindu : Panel disagrees with SC on setting up of regional Benches

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Friday, May 16, 2003

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Panel disagrees with SC on setting up of regional Benches

By Our Legal Correspondent

NEW DELHI May 15. The Department-related Parliamentary Standing Committee on Home Affairs has criticised the Supreme Court for rejecting the demand for setting up of regional Benches of the apex court in the southern, western and eastern parts of the country.

In its 101st report tabled in Parliament recently, the committee, headed by Pranab Mukherjee of the Congress, did not approve of the court's reasoning that setting up of regional Benches would impair the unity and integrity of the country.

The 39 members of the committee include Kapil Sibal, Arun Jaitley, Lalu Prasad, Ram Jethmalani and Pramod Mahajan (all from the Rajya Sabha) and P.H. Pandian, P.A. Sangma, Adhi Sankar, Vinay Katiyar (from the Lok Sabha).

The committee said the court's reply was not convincing and felt that setting up of Benches outside Delhi ``would neither impair the unity and integrity nor undermine the importance of the Supreme court. Rather, on the other hand, it would send a message of integration and a sense of belonging in the country''.

The Committee, in its 56th, 61st and 72nd reports, had reiterated that the Centre should take steps for setting up of Benches in the southern, western and north-eastern parts of the country so that people of far-flung areas could get access to the apex court and said the Government should take up the matter with the Chief Justice of India.

The government told the committee again in March this year that representations were received from the various Bar associations and from the Governments of Tamil Nadu, Andhra Pradesh, Karnataka, Tripura and West Bengal for the establishment of Benches outside Delhi.

The Government said that though the committee recommendations were brought to the CJI's notice, the full court after due deliberations unanimously reiterated its earlier stand that such Benches would impair the unity and integrity of the country and found no justification in deviating from their earlier stand.

Rejecting the court's stand, the committee reiterated its earlier recommendations and urged the Government to approach the CJI for reconsideration of the Supreme Court's earlier decision.

``The committee feels that establishment of Benches of the Supreme Court in the southern, western and north-eastern parts of the country would facilitate the litigants to avail themselves of justice from the apex court without travelling from far away places,'' the report said.

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