Boycotting the court proceedings for the day, the lawyers of the Odisha High Court here on Friday expressed their displeasure over the recent developments in several parts of the State demanding establishment of HC Circuit Benches.
lawyers of Cuttack wonder as to why only during Biju Patnaik’s 1990-95 regime and his son Naveen Patnaik’s continuous stint of three terms that the demands for either shifting the seat of the High Court from Cuttack or having HC Benches elsewhere were voiced and are now mounting.
“The father-son duo is considered sons of soil of Cuttack city as they were born and brought up here. But it is during their governance that a series of agitations took or are taking place leading to Constitutional breakdown in the High Court,” remarked a group of advocates here, alleging that either of these leaders contributed and contributes immensely for such movements as they have been playing to the galleries without getting to the root of the problem.
The lawyers said the Odisha High Court was established in Cuttack under Article 10 of the Odisha High Court Order of 1948. “This order is protected under Article 225 of the Constitution of India and does not authorise the State Government to take a decision regarding shifting of the seat of High Court or fix places of sitting of the High Court,” a senior advocate said.
“It’s only Parliament alone which has the power to enact law as to where the High Court shall be established and the State legislature is competent to enact law as to how the High Court shall function. It’s not open to the State legislature to make any law as to where the seat of the High Court shall be or where the judges shall sit to discharge their function,” said the advocate, quoting Entry 78 of Schedule VII of the Constitution that explains the constitution and organisation of High Courts.
The advocate added that the issues of seat and Circuit Benches of the Odisha High Court have already been decided by judgment of a Division Bench of the High Court comprising Justices RC Patnaik and DM Patnaik in 1991. Terming the invitation of the Chief Minister to the agitating lawyers of western Odisha for talks as a “futile exercise”, the lawyer said that instead of opening up Circuit Benches elsewhere, the State Government should divert its energy in filling up the vacant posts of judges in the High Court.
The moves of the Chief Minister to please a section of people have given rise to lawlessness in the State, leading to challenges to the judiciary system, said another city-based advocate, quoting a portion of the 1991 judgment, which says, “Entertaining a desire to shift the High Court in a cavalier fashion or on whim or caprice or to please a group is neither wholesome nor desirable. If there is deficiency, cure the same; if it needs improvement or beautification, carry out the same, but desist from acting thoughtlessly."