Assam CM Himanta Biswa Sarma resigned from the Gauhati High Court Bar Association as a controversy continues over the proposed shifting of the High Court from its current location, sparking strong reactions from lawyers.
Assam Chief Minister Himanta Biswa Sarma has resigned from the Gauhati High Court Bar Association amidst an ongoing dispute over the proposed relocation of the High Court.
Sarma, a lawyer before entering politics, cited “conflict of interest” and the “larger interest of judicial reform” and “institutional growth” as reasons for his decision in a letter to bar association president K N Choudhury.
Himanta Biswa Sarma, who practiced law before his initial election to the Assam legislative assembly in 2001, explained his resignation to the media, stating,
“It is within my duties as the Chief Minister to construct the new High Court building. However, the bar association is opposed to this decision. Given the conflict of interest, I have resigned from the bar association.”
The Gauhati High Court Bar Association opposes the government’s plan to move the High Court to Rangmahal in North Guwahati, arguing that its distance across the Brahmaputra River will create accessibility issues for lawyers and the public.
Tensions escalated recently, with a protest on March 24 leading to a press statement from the High Court condemning statements made by some bar members against sitting judges. A contempt of court petition was also filed against three members, including the bar association president.
Sarma stated in his resignation letter that “the relocation and creation of a Judicial Township at the site aligned with a recommendation made by a Full Court meeting of the Gauhati High Court in October 2023.”
He emphasized the need for the move “due to no scope for further expansion at the current location, along with inadequate parking, a shortage of official residences for judges, and a lack of facilities.”
He also addressed allegations of personal gain related to the relocation, stating,
“I have come across opinions by (a) few senior members of the Bar in media that shifting of the High Court to Rang Mahal, North Guwahati would give political benefit to me as it comes under Jalukbari Legislative Constituency, which I represent in the State Assembly. In this regard, I would like to say that selection of Rang Mahal as proposed site is not my decision but as per the recommendation of the High Powered Committee with approval of the Full Court of Gauhati High Court, and, most importantly, after the Delimitation exercise conducted in 2023, Rangmahal as well as North Guwahati no more come under Jalukbari LAC… Moreover, with the upcoming Ring Road and Narengi-Kurua Bridge Project over Brahmaputra, the whole of Rang Mahal, North Guwahati will become heart and centre of Guwahati City within 4/5 years.”
Bar association president K N Choudhury confirmed that the executive committee will discuss the letter.
He also stated,
“We will go by whatever the executive decides on the matter. On a personal note, while acknowledging the receipt of the resignation letter I have asked him to reconsider this decision. Nobody is opposing the holistic view of the government but there is no earth shattering urgency in this matter that it has to be rushed through immediately. What we are saying is please take us into confidence in this issue as stakeholders in the justice delivery system”.