High level committee will settle the dispute on shifting of Uttarakhand High Court, public opinion will become the basis for the biggest temple of justice

During the separate state movement, the anger arising from the brutality with the women agitating hills in the Rampur Tiraha incident spread from village to village, so on January 4, 1994, a six-member committee was formed under the chairmanship of Urban Development Minister Ramashankar Kaushik on behalf of the then Mulayam Singh government.

In view of the adverse geographical conditions, the demand for the first Uttarakhand state was accepted in the report of this Kaushik Committee in April 1994. The same committee had recommended making Gairsain the capital of the state. Now, three decades after the formation of the Kaushik Committee, the High Court has passed an order to form a high-level committee and conduct an online referendum to shift the largest temple of justice in Uttarakhand. The dispute over shifting of the High Court will be completely resolved only by the report of the committee and the opinion of the lawyers and general public. Only through public opinion will the way be prepared for the establishment of a new High Court.

To shift depending on weather, tourism pressure

In fact, in 2017, senior High Court advocate MC Kandpal demanded the transfer of the Chief Justice to the High Court on the basis of adverse geographical conditions of Nainital including weather and tourism pressure. In 2019, when a reminder was given to consider the representation, online suggestions were sought from the then Chief Justice. In which opinion was given in favor of shifting the High Court.

Here, on the instructions of the High Court, more than 26 hectares of forest land in Gaulapar Haldwani was selected by the government for the High Court. Till the discussion of Goulapar place and finalization of the land was done, large scale buying and selling of land was done in the area. Even High Court advocates were involved in this. When the high-powered committee of the Union Environment Ministry rejected the state government’s proposal to the High Court in Gaulapar on the grounds of environmental damage caused by the felling of thousands of trees.

After this, on the instructions of the state government, locations were selected in areas like Chaunsala, Belbasani etc. of Haldwani area, which was rejected by the High Court. Recently, in a petition related to IDPL Rishikesh, when the court gave oral orders to the Chief Secretary to examine the land for the High Court there, the High Court Bar Association came out in protest. Bar Association of entire Kumaon and other organizations came out against shifting of High Court bench while other Bar Association of Garhwal division including Haridwar, Dehradun came out in support of shifting it to Rishikesh.

Finding a new place is not easy

In the latest order, the High Court has directed to find the most suitable land for residential accommodation for High Court judges, judicial officers, employees, court room, conference hall, chamber for at least seven thousand lawyers, canteen, parking space. Has been given. It has been made clear that the place should be such that it has good medical facilities and good connectivity.

Out of 850 acres of land in IDPL Rishikesh, 130 acres are inhabited by former employees of the company. This land is also forest land. Ramnagar is the only place in the district where land is available to meet the High Court standards. The state cabinet has approved the setting up of a high court in Gaulapar, while the central government has also given in-principle consent. Now after the new order, the government’s opinion in this matter has become very important.

More than 22 thousand registered advocates in the state

More than 22 thousand advocates are registered in about 50 bar associations affiliated with Uttarakhand Bar Council. The biggest bar is of Dehradun, where there are four thousand advocates. In Garhwal division, along with Dehradun, Rishikesh, Haridwar, Roorkee have big bar associations, whereas in Kumaon, Udham Singh Nagar has the highest number of bar association members. After the order of the High Court, the opinion of the lawyers in this matter has become very important.

Forest Department offices become part of High Court

After the formation of Nainital High Court, the Glathorn complex, the office area of senior forest department officials including Additional Chief Conservator of Forests, Chief Forest Conservator Kumaon, became a part of the High Court. After the formation of the state, all the offices including the office of Jal Sansthan General Manager, Additional Director Animal Husbandry were shifted from Nainital to Bhimtal and Haldwani. Now after the High Court shifting order, there is a strange silence in the city.

Everyone will give their opinion through the portal

The division bench has said that the opinion of practicing advocates is also very important. Therefore, the Registrar General of the High Court has been instructed to open a portal by May 14. In this portal, if the advocate is interested in transfer to High Court then he/she is free to give his/her choice by selecting Yes. If they are in favor of not shifting, they will express their opinion indicating their nomination number, date and signature.

Similarly, litigants can also give their opinion in this portal. Opinion is required to be given by May 31. The High Court has also directed the Registrar General to publish this information on its website on May 14 and in Hindi-English newspapers with wide circulation in Garhwal and Kumaon divisions. The High Court Bar Association has also been asked to identify the place. In the poll conducted through the portal, Bar Council registration number will have to be mentioned for the advocates while Aadhaar card number will have to be mentioned for the general public.