New Delhi: The Supreme Court on Friday stayed an order passed by the Uttarakhand High Court, which directed the state government to find a suitable site for the relocation of the High Court out of Nainital.
Solicitor General Tushar Mehta, representing the state government, submitted before a bench comprising Justices PS Narasimha and Justice Sanjay Karol that the new benches are in Parliament's domain, but the High Court decision is like a referendum. After hearing Mehta, the apex court stayed the High Court order and sought the response of the state government on a plea filed by the High Court Bar Association, High Court of Uttarakhand, challenging the High Court direction.
On May 8, the High Court ordered the chief secretary of the state to find the best suitable land for the high court building and also for residential accommodation of judges, judicial officers, staff, conference hall, chambers for lawyers etc.
The High Court had directed the chief secretary of the state government to locate the best suitable land for the establishment of the high court and to complete the exercise within one month and submit a report to the High Court by June 7, 2024. Uttarakhand High Court Bar Association moved the apex court challenging this order passed by the High Court.
Senior advocate PB Suresh and advocate Vipin Nair appeared for the High Court Bar Association. "The decision impugned herein is legally impermissible and is totally against the overall welfare of the State of Uttarakhand in as much as the High Court has failed to consider the legislative intent in placing the highest seat of the Judiciary of the State at Nainital resulting in the passing of the Impugned Order," said the Bar Association's plea.
The plea contended that the High Court also directed the registrar general of the High Court to open a portal by May 14, 2024, and to obtain an opinion from the lawyers by opting "Yes" and "No" along with their enrolment number, date and signature. The High Court had also permitted the litigants / general public to give their choice regarding shifting of the High Court from Nainital to elsewhere and fixed May 31, as the deadline for the same.
"The Impugned order apparently has been passed in a proceeding which is totally unconnected to the pleadings on record before the Hon’ble High Court. Further, there were detailed submissions made by senior members of the bar as the issue involved the welfare of the State and of the Advocates as well and the same has apparently been also not considered," said the bar association's plea.
The plea argued that the order of the High Court is without any scientific or any other basis and unless reversed by the apex court, would be disastrous in the long run.
