Date:19/12/2004 URL: http://www.thehindu.com/2004/12/19/stories/2004121906830800.htm

National

Bill introduced in Lok Sabha for apex court bench in Chennai

By Our Legal Correspondent

NEW DELHI, DEC. 18. EVEN AS the Supreme Court is firm in not approving establishment of regional benches, a Congress member of the Lok Sabha, S.K. Kharventhan, has introduced a private member's bill, seeking an amendment to the Constitution to facilitate the setting up of a bench in Chennai.

Article 130 of the Constitution says that the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

The bill, introduced on Friday, seeks to insert a clause to the effect ``there shall be established a permanent Bench of the Supreme Court at Chennai, consisting of such number of Judges of the Supreme Court as the Chief Justice of India may from time to time determine, but not less than five in number, to exercise the powers and jurisdiction for the time being vested in the Supreme Court in respect of cases arising in the States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu and the Union Territory of Pondicherry.''

The statement of objects and reasons in the bill states India being a vast country, visits to the Supreme Court by litigants and others from far off places exact a very high cost in terms of time and money. This is more so, in the case of people coming from southern India. Under these circumstances, creation of a bench in southern India is the crying need of the hour. Chennai, the cyber city of the nation, having infrastructure and other facilities, is ideally suited for the purpose . In case a bench is set up it would not only save the time and money of the litigants but also help in expeditious disposal of cases.

Mr. Kharventhan told The Hindu that he would strive to arrive at a consensus for the smooth passage of the bill, as most of the members, cutting across party lines, would support it.

In 1999, the full court of the Supreme Court had rejected the demand for establishment of benches in Chennai, Kolkata and Mumbai. This was reiterated in 2001 and also in October this year on the ground that having benches in places other than Delhi would destabilise or affect the court's integrity.

The successive parliamentary committees that went into the issue had observed that they were not convinced with the opinion of the Supreme Court and urged the Government to bring an amendment in the Constitution to provide for creation of regional benches.