Affordable Justice is a Birthright; Give Western Orissa the HC Bench Immediately

Subhas Chandra Pattanayak

Several High Courts in India have their benches in places beyond their permanent citadels, because thereby justice sans hurdles of distance and burden of travel expenses is available to them. A bench in Western Orissa is an outstanding necessity on the same premises.

A government that claims to be a government of the people, by the people, for the people should have taken all necessary steps to give the people of Western Orissa the High Court of Orissa by extension, because it is the government upon which bestowed is the responsibility to ensure justice for the people. The government run by Naveen Patnaik has blatantly failed in this regard.

The plea of refusal of a bench at Sambalpur by a very old verdict of Orissa High Court is an anti-people plea. Denial of affordable justice to people of Western Orissa, where most of the economically disadvantaged population of Orissa reside, under any plea, is not acceptable.

Plea of deference amongst people of different districts of Western Orissa in the matter of seat of the Bench when created is a mischievous plea. The people there have expressed their oneness in demand for HC Bench by boycotting the Local Urban Body elections going on in Orissa. This should be a lesson to the Government and the Jurists.

It is better for the concerned authorities to understand that HC Bench in Western Orissa is unavoidable. They should concede it sans any delay.

They will have to concede one day. Why unnecessarily are they fomenting unrest?

Be it very clear that the demand of the people of Western Orissa for a HC Bench that they need for affordable justice, is entirely just and proper a demand. And this demand is also a demand of entire Orissa, because the issue is available of affordable justice the people as a whole.

2 comments » Write a comment

  1. Though I am from coastal Odisha, I am in agreement with the demand for a bench of the high court at Sambalpur or some other place in western Odisha. There is absolutely no logic for not having a bench of the high court at Sambalpur. Working difficulties will have to be sorted out in due course. But that never be the reason to refuse to have a bench at Sambalpur or some other place in western Odisha. The ground shown that Sambalpur does not qualify for a bench as it does not comply with the requirements stipulated by a commission earlier is simply meaningless. A commission was establishe to recommend to the government about the desirability of having benches of the high sourts in different palces. But what is so sacrosanct about it? If public interest requires, the system has to take action and definitely not get fettered by a commission’s report.

  2. It is high time to implement e-high courts in all sessions divisions(Districts) and e-supreme court in all state capitals including nominating competent lawyers from district bar associations for the appointment of judges.

    Orissa is a State with divers-ed culture and tradition & culture with wide economic difference. Demand for setting up a Permanent Circuit Bench of Hon’ble. High Court is looming since merger of former Princely States because of separate Treaty of Accession with each Ruling Chief because some of the than Rulers had put such condition in the Treaty itself. However, after long time of such Treaties the Union Government in order to decentralize Judiciary & to achieve the goal of justice at door step appointed Justice Jaswant Singh Commission which prescribes a. Definite Region, b. Minimum distance of 400 km. by road, c. The region must have majority S.C. & S.T. population, d. The location must have well communication facility with minimum infrastructure available for setting up a High Court, e. The region must have proportionate number of cases. Kalahandi fulfills all suchcriterion but the Full Bench Decision of Hon’ble. High Court whichstill holds good is an impediment to materialize such dream. But with the changing of time and availability of alternate solution to meet the demand for a Permanent Bench we have a suggestion to all our fellow learned colleagues. With the advance technology of network and mail we can demand for setting up of e-High Courts in each Judgeship empowering the Registrar Civil Courts to registered our appeals, revisions,writes and any cases and to submit those through INTERNET. Likewise, developing the Video Conferencing technology let Rules be framed for hearing of matters through that technology. In such fashion not only the expenses for litigant will be minimized but also it will minimize the financial burden of State Exchequer. Moreover it will strengthen the slogan of Justice at Door-Step and lessened the burden of Hon’ble. High Courts. Likewise by setting e-Supreme Courts in each Sitting place of High Courts will help in reducing the burden of Hon’ble. Supreme Court to a greater extent.You may view it as not practicable but before discarding our point please consider if the State can be ruled by video conferencing of Collectors and Ministration why we can not deliver justice by adopting the same mode.

    There is no boundary to western area of orissa.each and every district of orissa is having own cultural and economical background,there is a ancient guideline called Jaswant Singh commission appointed by our central government since long and according to his report he suggested five point guidelines for opening of a permanent bench of orissa high court.1-the area must be more than 400km away from cuttack 2-the area must be a poor area with sc/st people 3-there must be rail and road link to Cuttack 4-there must be some infrastructure of Judiciary 5-there must be proportionate percentage of cases pending before the orissa high court.

    So Kalahandi is the proper place to get the permanent bench of Orissa high court…..but the writ judgment passed by Hon’ble orissa high court that there is no need of setting a high court bench at western region of Orissa, no one has gone to supreme court against that order.

    Now the technology of our nation is the best in the world….following our technology, president of US viewed the operation of US army/CIA at Afghanistan…Pakistan.

    we can utilize this technology in all 30 districts of orissa, we can call this “E-HIGH COURT” through video conferencing all the matters like writs appeals and revisions can be heard by Judges at Cuttack and we can file our documents and cases before the registrar of our respective district judgeships and we can get our orders at our places without any travel,lodging,fooding and other costs.There no need of vehicles for judges,building for court,staff recruitment etc.

    Now a days every collector of the district is talking with the CM and PM every day by investing 30 lakh per district.

    We can only invest one crore per district and ten crore at high court building…..in total only 40 corore is required for entire Orissa for thirty e-high courts in thirty districts.

    Now in my view we really do not want to be exploited by any elder brother by the name of area,caste,creed or religion .

    yours Lokanath Nayak ex- President Kalahandi Bar Association Bhawanipatna-766001 Dist-Kalahandi (odisha) LOKANATH NAYAK

    LOKANATH NAYAK

    Date: Tue, 10 Sep 2013 04:11:25 +0000 To: lokanathnayak@hotmail.com

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