Bhubaneswar: In response to media reports, the Ministry of Law & Justice, Government of India today issued a clarification that Union Minister Arjun Ram Meghwal was misquoted to have said a permanent bench of Orissa High Court in Western Odisha is ‘irrelevant’ in the present scenario.
A section of the media in Odisha has reported that Union Minister Meghwal stated, “e-Courts make High Court Bench demand in the Western Odisha irrelevant.”
The Union Minister was actually conveying that due to the availability of Virtual Benches under e-Courts project implemented by Government of India and Supreme Court of India at several locations in Odisha, the need for a separate permanent Bench of the Orissa High Court is no longer there as the Government of India is yet to receive a complete proposal from the State government with the consent of the Chief Justice of Orissa High Court for establishment of such permanent benches as per the recommendations of the Jaswant Singh Commission, an official communiqué issued by the Ministry said.
“In this context, it is stated that the proposal of setting up Benches of a High Court is considered by the Government of India only after receipt of a complete proposal from the State Government which has to have the consent of the Chief Justice of the concerned High Court and the Governor the State. This is in accordance with recommendations made by the Jaswant Singh Commission and judgment pronounced by the Apex Court in W.P.(C) No.379 of 2000,” the clarification read.
The Ministry further said:
- The State Government has to provide the necessary infrastructural facilities for the establishment of a Bench of the High Court away from its principal seat as well as the entire expenditure of the High Court and its Bench. The Chief Justice of the High Court is required to look after the day-to-day administration of the High Court and its Bench and depute Judges from the Principal Seat to Bench from time to time.
- It is, therefore, necessary that both the State Government and the High Court consider the matter from all angles and arrive at a consensus.
- Odisha Chief Minister Naveen Patnaik wrote letters to the Union Government on September 5, 2018, and January 11, 2019, in this regard.
- On 12th January 2019, the then Law Minister Ravi Shankar Prasad wrote to CM Naveen Patnaik advising him to submit a detailed report, involving the opinion of the HC, the site for a Bench, building, and quarters for the judges, to the Union Government.
- However, the State Government did not make any effort to obtain the High Court’s opinion and other requirements asked by the Union Government.
- Replying to Unstarred Question No-114 answered on 20.07.2023 raised by Sasmit Patra, the Minister has already replied that there is no proposal by the Government of Odisha for establishing a permanent Bench of Orissa High Court in Western Odisha. This is despite multiple requests by the Ministry of Law and Justice, Government of India seeking such a proposal agreed upon by the Chief Justice of Orissa High Court and with the consent of the Governor of Odisha.
“This is a clear reflection that the Government of Odisha has no interest in establishing a permanent bench of Orissa High Court in Western Odisha,” the Union Ministry’s clarification expressed.
“While the process of establishment of High Court Benches takes time, Virtual Centres of the High Court established under e-Courts Project of Government of India have been providing direct access to High Court for all the stakeholders i.e. the litigants and Advocates by providing e-filing, e-payments and virtual/video hearing. Orissa High Court is operating 30 Virtual Centres in all the 30 districts of the State. The Virtual Centres have been providing facilities for e-filing, e-payment as well as virtual appearances. These facilities have resulted in greater ease of access to justice to the citizens of Odisha, without the need for them to travel to the High Court,” the communiqué mentioned.
