The Supreme Court of India stayed an order passed by the Uttarakhand High Court on May 8 directing the State to find a suitable site for relocation of the High Court out of Nainital where it is currently located.
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NEW DELHI: The Supreme Court of India stayed an order issued by the Uttarakhand High Court on May 8, which directed the State government to identify a suitable site for relocating the High Court from its current location in Nainital. This decision came in response to a plea filed by the Uttarakhand High Court Bar Association, challenging the relocation directive.
A Bench consisting of Justice PS Narasimha and Justice Sanjay Karol sought the response of the State government concerning this plea. The Court’s intervention came as a relief to those opposing the relocation, ensuring a temporary halt to the High Court’s planned move.
Appearing on behalf of the State, Solicitor General Tushar Mehta articulated the complexity of the issue, stating,
“New benches are in Parliament’s domain, but the High Court decision is like a referendum.”
The contentious May 8 order by the High Court mandated the Chief Secretary of the Government of Uttarakhand to identify the most suitable land for the establishment of the new High Court.
This proposed site was to include residential accommodations for judges, judicial officers, and staff, along with necessary amenities such as courtrooms, a conference hall, chambers for at least 7,000 lawyers, a canteen, and ample parking space.
The High Court had set a stringent deadline for this task, requiring the Chief Secretary to complete the exercise and submit a report by June 7.
To ensure thorough consideration, the High Court had also constituted a committee comprising the Registrar General of the Uttarakhand High Court, the Principal Secretary of Legislative and Parliamentary Affairs, the Principal Secretary of Home Affairs of Uttarakhand, two Senior Advocates, a member from the Uttarakhand State Bar Council nominated by its chairman, and another from the Bar Council of India nominated by its chairman.
This committee was tasked with evaluating various opinions on suitable land and was also required to submit its findings by June 7. The High Court had even initiated an online public voting portal to facilitate public engagement and gather opinions on the relocation issue.
In light of these developments, the High Court Bar Association approached the Supreme Court, seeking a stay on the relocation order. The Supreme Court’s stay order temporarily halts the relocation process and opens the door for further deliberations on the matter, ensuring that the concerns of the legal fraternity and the public are adequately addressed.
CASE TITLE:
High Court Bar Association vs State of Uttarakhand and ors.
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