SC Halts Uttarakhand HCt's Order to Relocate from Nainital

SC Halts Uttarakhand HCt's Order to Relocate from Nainital

On Monday, the Supreme Court of India intervened by issuing a stay order on a directive from the Uttarakhand High Court, dated May 8.

The directive had instructed the state authorities to locate a new site for relocating the High Court, which presently operates from Nainital.

A bench comprising Justice PS Narasimha and Justice Sanjay Karol requested the state government provide its response to the plea submitted by the Uttarakhand High Court Bar Association, which contested the decision.

Representing the state, Solicitor General Tushar Mehta asserted that "New benches are in Parliament's domain, but the High Court decision is like a referendum."

In its May 8 ruling, the High Court directed the Chief Secretary of the Government of Uttarakhand to identify optimal land for the establishment of the High Court, along with provisions for residential facilities for judges, judicial officers, staff, courtrooms, conference halls, chambers for a minimum of 7,000 lawyers, a canteen, and parking facilities. The High Court mandated that the Chief Secretary complete this entire process within a month, requiring the submission of the report by June 7.

The High Court also directed the formation of a committee consisting of the Registrar General of the Uttarakhand High Court, the Principal Secretary of Legislative and Parliamentary Affairs of the State of Uttarakhand, the Principal Secretary of Home Affairs of the State of Uttarakhand, two Senior Advocates, one member nominated by the chairman of the Uttarakhand State Bar Council, and another nominated by the chairman of the Bar Council of India.

The committee was also tasked with reviewing various opinions on suitable land and was required to submit its report by June 7.

Additionally, the High Court established a portal to facilitate online public voting on the matter.

Subsequently, the High Court Bar Association filed a petition with the Supreme Court challenging this 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. Senior Advocate Sidharth Luthra along with advocate Supriya Juneja appeared for the Dehradun Bar Association, on caveat.

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