Hyderabad: Setting up of separate High Court for Andhra Pradesh in Amaravati will be a distant dream as the government is in no position to meet the time frame imposed by the Hyderabad High Court.
The Hyderabad High Court on May 1, 2015 granted six months time to the AP government to finalise the location for establishment of separate High Court for it within the jurisdiction of AP.
Though almost two years have elapsed from the date of the order the AP government could not comply with the order citing administrative constraints and lack of required infrastructure and it has moved an application before the High Court seeking review of its order.
Though the advocate fraternity of AP and Telangana are demanding a separate High Court for AP and bifurcation of judicial staff and officers among both the states, the AP government has not provided the infrastructure either permanent or temporary to set up the High Court.
Telangana Chief Minister K. Chandrasekhar Rao had submitted several representions to Prime Minister Narendra Modi for bifurcation of the High Court.
Telangana Law Minister Mr A. Indra Karan Reddy also several times complained to the Centre about the attitude of the AP government on bifurcation of the High Court stating that the AP has constructed its Assembly and Secretariat at Amaravati in record time. But it was delaying the process of construction of a building for High Court. Because of this, the bifurcation of the present common HC in Hyderabad is getting delayed.
The AP Reorganisation Act 2014 mandates the AP government to provide infrastructure required for setting up the High Court.
The Centre has been reiterating that the bifurcation of the Hyderabad High Court is possible only when the AP government provides the accommodation. As the AP was not so keen in providing the infrastructure is other reason in the delay of bifurcation of subordinate judiciary.
The Supreme Court in April this year directed the state governments of AP and Telangana to make assessment of the required strength of the respective cadres of judicial officers with reference to the appointed day in consultation with the High Court and frame rules or create appropriate legal regime fixing the strength of respective cadres of both state within four weeks.
The Apex Court granted the order while dealing with the petitions by Telangana Judges Association and Telangana government challenging the guidelines notified by the Hyderabad High Court on February 26, 2016 for allocation of subordinate judicial officer between both states.
Mr Sarasani Satyam Reddy, senior counsel appearing for Telangana Judges Association said though the bifurcation was made on paper, the actual bifurcation has to take place with the consent of the Supreme Court, but unfortunately Justice Chelameswar recently refused from the hearing of the case.
He said that statutory requirement is that firstly the subordinate judiciary has to bifurcate before setting up the separate High Court.
