By Arun Pratap Singh
Dehradun, 15 May: Uttarakhand High Court’s decision asking the government to consider shifting of Uttarakhand High Court from Nainital to IDPL in Rishikesh has now snowballed into a major issue in Uttarakhand with a lot of potential political implications. Besides the political implications, the issue also tends to affect regional balance between Garhwal and Kumaon regions and also affect the practice of the High Cout lawyers already settled in Nainital or in Haldwani. As a result, the Uttarakhand High Court Bar Association has now challenged the High Court’s decision in the Supreme Court. It may be recalled that former chief minister and former Governor of Maharashtra Bhagat Singh Koshyari, also considered to be a political mentor to Chief Minister Pushkar Singh Dhami has also written a letter to the CM, expressing deep concern over the proposal and over the HC decision to conduct a referendum on the issue.
It may be recalled that a division bench headed by the Chief Justice of the High Court Ritu Bahri and comprising also Justice Rakesh Thapliyal had on the grounds of poor health services in Nainital, lack of accommodation for young advocates, sought shifting of the High Court out of Nainital. Of course, the issue has been under consideration for long and as a result, the state government had suggested a 26 acre plot in Gaulapar as an appropriate site for the High Court. However this division bench, had observed that the site identified in Gaulapar had a large number of trees which would have to be felled in case of construction of High Court building there and therefore had suggested that the government should consider establishing the High Court in IDPL Rishikesh. This was strongly opposed then and there by the lawyers. Following this opposition by the lawyers fraternity of Nainital, the High Court in its decision, had also recommended conduct of a referendum over the issue and had also observed that 70 percent of the cases in the High Court come from Garhwal while 30 percent are related to Kumaon. The cases related to Kumaon can continue to be heard at the existing High Court building in Nainital, it had observed.
As a result, the Bar Association of High Court and various bar associations from Kumaon and many other political and other organisations have started agitation over the issue.
Now, Uttarakhand High Court Bar Association has challenged the High Court’s order of 8 May in the Supreme Court. The Bar Association has filed a special leave petition in this regard opposing the referendum order on shifting of the High Court. The members of HC Bar Association had on Monday held a meeting deciding to file a petition before 17 May as the Supreme Court will have summer vacation beginning 17 May. Hence, the SLP was filed today according to the lawyers.
It may also be recalled that even BS Koshyari had yesterday strongly objected to the HC order regarding the holding of a referendum. Koshyari has termed the High Court order in respect to the referendum as a judicial intervention into executive domain. In his letter, the former governor of Maharashtra had also said that the decision regarding alternate location should be left to the state government and had also asserted that the land identified at Gaulapar is appropriate and had also claimed that the trees standing in that site are very small at present.
It remains to be seen, when the SC hears the SLP filed by the Uttarakhand High Court Bar Association.
