Andhra Pradesh delays land allotment for new High Court

 

The Telangana state government, which has been pressurising the Centre for immediate bifurcation of the common High Court, has offered for re-location of the Hyderabad High Court to a place outside the existing building and facilitate function of the AP High Court from the existing building.

 

The High Court judiciary has already asked the AP government to provide accommodation to set up the court. However, the AP Cabinet, has categorically indicated that the new High Court would be constructed in the new capital city once it came up.

 

Legal luminaries are of the opinion that as per the Act, Hyderabad can continue as a common capital for a period of 10 years, till the construction of the new capital for the AP. 

 

Mr Sarsani Satyam Reddy, senior counsel of the High Court and leader of the Telangana Advocates Joint Action Committee said that Article 214 of the Constitution mandates that there should be a separate High Court for each state.

 

He said, “In support of the argument of division it is also stated that hypothetically there can never be a separate High Court for the State of AP if it is not constituted and that would defeat the very object of division of the state.”

 

Citing the other reasons for establishment of two separate High Courts, Mr Reddy said, “If two courts are established, each will cater to nearly five crore of people, which is higher than at least 14 states where there are separate High Courts.” 

 

Referring to the pendency of cases at these two High Courts, he said both courts would be in the 13th and 14th position approximately in pendency of cases. As of now, the Hyderabad High Court has 2,32,459 pending cases.

 

Claiming that Uttar Pradesh, Maharashtra, West Bengal, Gujarat, Kar-nataka, Kerala, Madhya Pradesh, Tamil Nadu, Odisha, Bihar and Rajasthan had more pending cases than AP, he pointed out that continuation of a common High Court was without justification and its further continuation would send wrong signals.

 

He added that for more than five months’ recruitment, transfers, postings and promotions of 

judicial officers and staff had been kept on hold and benefit of 60 years age for superannuation for AP employees was denied to judicial employees while others were getting the benefit.

 

He maintained that if two courts were constituted, one of the senior judges from both the High Courts would have the opportunity of being elevated as Chief Justice and further elevation to Supreme Court.

 

He said the magnanimity with which the chief minister had offered to shift the High Court of Telangana should be accepted immediately and the division of High Court should be done at the earliest.

 

Several judicial officers, however, differ with the argument of Mr Satyam Reddy for relocation of the Telangana High Court and allowing functioning of the Andhra Pradesh High Court from the existing building.