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Centre Blames State On HC Bench

Bhubaneswar: The Government of India today blamed the State Government for delay in setting up a permanent bench of Orissa High Court in Western Odisha.

In a press statement, the Ministry of Law and Justice said the proposal of setting up benches of a High Court is considered by the Government of India only after receipt of a complete proposal from the State Government which has to have the consent of the Chief Justice of the concerned High Court and the Governor the State. 

This is in accordance with recommendations made by the Jaswant Singh Commission and judgment pronounced by the Apex Court in W.P.(C) No.379 of 2000, it said.

The Ministry said the State Government has to provide necessary infrastructural facilities for establishment of a Bench of the High Court away from its principal seat as well as the entire expenditure of the High Court and its Bench. The Chief Justice of the High Court is required to look after the day-today administration of the High Court and its Bench and depute Judges from the Principal Seat to Bench from time-to-time.

“It is, therefore, necessary that both the State Government and the High Court consider the matter from all angles and arrive at a consensus,” advised the Centre.

Chief Minister Naveen Patnaik wrote a letter to the Union Government on September 5, 2018, and January 11, 2019, in this regard. the then Law Minister Ravi Shankar Prasad replied to Patnaik advising him to submit a detailed report, involving the opinion of the HC, the site for the bench, building and quarters for the judges, to the Union Government.       

“However, the State Government did not make any effort to obtain the High Court’s opinion and other requirements asked by the Union Government,” it said.

The Ministry blamed that Government of Odisha has no interest in establishing a permanent bench of Orissa High Court in Western Odisha.

“It appears Naveen Patanaik Government is not committed to the causes of Western Odisha and is being a hurdle in setting up the permanent bench of Orissa High Court in Western Odisha,” read the statement. 

The Odisha Government is shying away from the responsibility of establishing a permanent bench of Orissa High Court at Western Odisha, the ministry further said.

The State government had constituted the C R Pal Commission for studying the feasibility of the High Court Bench. The Commission submitted its report to the Government on March 31, 2014.

“It’s unfortunate that the CR Pal Commission report is not yet made public. What exactly is the Odisha Government trying to hide?,” asked the Centre.

Earlier in the day, senior BJD leader Prasanna Acharya said that the people of the western region have been making the demand for a permanent bench of the Orissa High Court for a long time.

“We hope that the Centre will fulfill the hopes and aspirants of scores of people of Western Odisha,” he said.