HC notices to Centre, State on circuit benches
Posts of additional judges too questioned
The High Court on Monday ordered notices to the State and Union governments in connection with a petition seeking the quashing of the notification dated October 19, 2004, to establish High Court circuit benches in Dharwad and Gulbarga.
City-based advocate N P Amrutesh has moved the High Court seeking the quashing of the notification for the creation of the circuit benches and of the posts of additional judges.
Referring to the creation of the posts of additional judges for the circuit benches, the petitioner stated that it was contrary to Article 224 of the Constitution and even the Presidential assent was not obtained to create the posts.
He submitted that when the notification was issued, the pendency of cases in Dharwad was 21,000, while in Gulbarga, it was 11,000.
Referring to the pending cases now in the Gulbarga circuit bench, the petitioner said 844 cases are pending, of which 640 cases are miscellaneous. If more judges are appointed in Gulbarga, the pendency will be reduced to zero and will be required to be closed down. The same is the case with Dharwad circuit bench, if four to five posts of judges are created.
Records sought
The petitioner sought for calling for records from the respondents in regard to creating posts of nine judges for the two benches.
He has also sought for conducting audit enquiry into the cost estimate and expenditure incurred for the circuit benches in Dharwad and Gulbarga.
During the hearing the counsel for the petitioners submitted that the Gulbarga bench was not a part of the plan, but was included to gain votes for former chief minister Dharam Singh. “There is no justification to establish Gulbarga circuit bench,” he said.
The government counsel, Basavaraj Kareddy, said that the notification cannot be quashed as it was issued eight years ago and hundreds of crores of rupees had been spent to establish the two benches.
He said that the petitioner should withdraw the petition and file it afresh, as according to the petitioner’s submission, he has no objections to the Dharwad bench and the petition focuses only on the fate of the Gulbarga circuit bench.
The division bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna also ordered notice to the High Court and the Comptroller and Auditor General of India.
