HYDERABAD: The Supreme Court bench has said since all the requirements stand fulfilled, there was no embargo for the Central government to issue a notification bifurcating the existing Hyderabad High Court.
“We expect such a notification to be issued by Jan 1, 2019 so that the two High Courts start functioning separately and High Court of Andhra Pradesh also starts functioning in the new building (at Amaravati which would be ready by Dec 15, 2018) at the earliest,’’ the bench said.
The bench of Justice AK Sikri and Justice Ashok Bhushan was passing this order recently in an appeal filed by the Centre challenging the 2015 judgment of the HC division bench headed by then Chief Justice Kalyan Jyoti Sengupta which ruled that the high court for AP, whether temporary or permanent, should be set up only on the territory of AP state.
On earlier occasion, senior counsel Mukul Rohatgi, appearing for Telangana state, submitted that the state government was ready to provide a separate building in Hyderabad where the HC of AP can be shifted till the time the AP government constructs own building in Amaravati. At this juncture, senior counsel Fali S Nariman, appearing for AP state, informed that the makeshift building in Amaravati for housing the HC was almost ready and would be completed by Dec 15.
After hearing the case and perusing the material on record, the bench said it was clear that the Centre, Telangana and AP want two High Courts. Even the affidavit filed by the Hyderabad High Court stated that the Full Court has approved the proposal after Inspection Committee of Judges submitted a report in this behalf.
‘‘In Amaravati Justice City is under construction where the High Court and subordinate courts and even some tribunals would be accommodated and there is a provision for construction of residential complex for the Judges of the High Court and judicial officers of the subordinate courts,” the bench said.
The bench disposed of the appeal saying that it expects that the Centre would issue a notification by Jan 1 next year so that the two High Courts start functioning separately and the High Court of AP also starts functioning in the new building at Amaravati at the earliest.
Victory for TRS, says Vinod Kumar
Welcoming the Apex Court verdict, TRS MP B Vinod Kumar said “this is the victory of the TRS, which has been fighting for the division of combined High Court.”Alleging that the high court division was delayed due to the indifferent attitude of the Congress and BJP, Vinod Kumar found fault with the then Congress-led UPA government for not fixing any time frame for bifurcation of high court in the AP Reorganization Act, 2014. Even the BJP-led NDA government delayed on the same grounds, he pointed out and said that TRS chief K Chandrasekhar Rao had met the Prime Minister and Union Law Minister several times in the past for division of the existing high court. High Court advocate Gandra Mohan Rao hoped that the two high courts would start functioning separately in the coming few months. Last date for receiving options of the court staff is November 15, he added.