A Bench of Justices PS Narasimha and Sanjay Karol sought the response of the State government to the plea filed by the Uttarakhand High Court Bar Association challenging the move.
The Supreme Court of India on Monday stayed an order passed by the Uttarakhand High Court on May 8 directing the State to find a suitable site for relocation of the High Court out of Nainital where it is currently located [High Court Bar Association vs State of Uttarakhand and ors].
A Bench of Justice PS Narasimha and Justice Sanjay Karol sought the response of the State government to the plea filed by the Uttarakhand High Court Bar Association challenging the move.
Appearing for the State, Solicitor General Tushar Mehta stated that,
“New benches are in Parliament’s domain, but the High Court decision is like a referendum.”
The High Court in its May 8 order had ordered the Chief Secretary of the Government of Uttarakhand to locate the best suitable land for establishment of High Court and for residential accommodation of judges, judicial officers, staff, court rooms, conference hall, chambers for at least 7,000 lawyers, canteen and parking space.
This entire exercise should completed by the Chief Secretary within a month and he should submit his report by June 7, the High Court had ordered.
The High Court had even ordered formation of a committee comprising Registrar General of Uttarakhand High Court, Principal Secretary, Legislative and Parliamentary Affairs of State of Uttarakhand and Principal Secretary, Home of State of Uttarakhand, two Senior Advocates, one member from Uttarakhand State Bar Council nominated by its chairman and another from Bar Council of India nominated by its chairman.
This committee too was asked to go through various opinions on suitable land and submit its report by June 7.
The High Court had even created a portal to facilitate online public voting on the issue.
The High Court Bar Association then moved the Supreme Court against this order.
Senior Advocate PB Suresh, appearing for the Uttarakhand High Court Bar Association, submitted that the High Court could not have directed voting on a presidential order which had established the principal bench of the Uttarakhand High Court at Nainital. It was only the parliament or the Central government which could decide on the establishment of a principal bench and not the High Court, he said.
The Court after hearing the parties decided to stay the order.
Senior Advocate PB Suresh and advocates Vipin Nair, Vinod Khanna, Karthik Jayshankar, Ayush Negi, Kartikeya Hari Gupta, Dinesh Rawat and BD Pande appeared for the Uttarakhand High Court Bar Association.