Tuesday, 16 July 2013

HC Bench in Berhampur still elusive

Berhampur continues to be deprived of a separate Bench of Orissa High Court in spite of several agitations by different sections of society for several years. On the other hand, a commission set up by the State Government to look into the demand is yet to file even an interim report after five years of its formation.
The demand for the Bench at Berhampur dates back to 1st April 1936 when Orissa was made a separate State. Since then the litigants, the people’s representatives, general public, the Ganjam Bar Association and other bar associations have been bringing the matter to the notice of the State Government, Central Government and the High Court of Odisha but to no avail.
The Ganjam Bar Association (GBA) has been resorting to agitations to press the demand since 1974. The advocates boycotted all the judicial courts in the city from December, 2007 to April, 2008. Closure of judicial courts for around four and a half months has posed serious problems for the litigants and the work of judicial courts came to a standstill.
During the period the advocates regularly brought out rallies, organised street corner meetings, besides boycotting the the meetings of ministers.
Following the agitation, the State Government appointed a Commission headed by CR Pal, a retired judge of Orissa High Court, to look into the demand.
The Commission has been continuing its enquiry till date with five extensions and around ` 1.4 crore has been spent on it, But it is yet to submit an interim report.
Meanwhile Jyoti Prasad Chotray, former secretary of GBA, compiled a booklet elaborating the justification of setting up a high court bench in Berhampur and sent it to the President of India requesting him to intervene in the matter.
In the book Chotroy has stated that in 2007 the State Government had requested the Orissa High Court to consider the proposal afresh for establishment of permanent bench in western and southern Odisha.
But the Chief Justice of Orissa High Court turned down the proposal for want of material and considering the judicial guidelines of the Supreme Court.
Chotroy has pointed out that due to lack of safe and comfortable communication system, the litigants have to face hardship in instituting, prosecuting and defending their cases in the High Court at Cuttack. It takes the litigants of Malkanagiri, Nuapada, Koraput, Rayagada and Nawarangapur more than 10 hours to come to Cuttack. Chotroy further said increasing the number of judges in the Orissa High Court cannot serve the purpose due large number of pending cases. The only remedy lies in setting up benches of Orissa High Court at Berhampur, Chotroy concluded.Source: New Indian Express 

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