HYDERABAD: The amicus curiae (friend of the court) on Wednesday advised the Hyderabad High Court that establishing a separate high court for Andhra Pradesh in Hyderabad would be illegal.
Senior counsel E Manohar, who was appointed as amicus curiae in the case pertaining to the division of the high court between AP and Telangana, informed the court that even the letter recently written by the Union Law Minister to the Chief Justice of the high court was not in tune with the AP Reorganization Act.
The senior counsel placed his views before a division bench, comprising Chief Justice Kalyan Jyoti Sengupta and Justice PV Sanjay Kumar, which was hearing a PIL filed by rights activist T Dhangopal Rao seeking a direction to AP and Telangana to give concurrence for constitution of separate high courts for both the states. In his plea, the petitioner cited the recent announcement of the Union Law Minister that delay in division of the high court was due to non-concurrence of the Chief Ministers of AP and Telangana. The amicus curiae maintained that neither Article 214 nor 231 of the Constitution permits a high court outside the territory of the state concerned. He said the letter of the Law Minister to the Chief Justice to initiate steps to set up two high courts in Hyderabad was contrary to Section 30 and 32 of the Reorganisation Act.
“The Act never contemplates a separate high court for the State of Telangana. Once a new high court for AP is constituted, the existing high court shall become the high court for Telangana,” he explained.
Justice Sengupta questioned whether Hyderabad, being the common capital for both the States, could be treated as a notional territory of AP. Manohar replied in the negative, citing Article 214 and 231. Punjab and Haryana High Court is located in Chandigarh which is a Union Territory, he added.
Earlier, AP advocate general P Venugopal said the AP Chief Minister had already informed the Chief Justice that people of the State were looking forward to the shaping of a new capital and said the administration was keen on having the high court in the capital region.
The bench said it will hear the Assistant Solicitor General of India, representing the Central government and G Vidya Sagar, another senior counsel appointed as amicus curiae, next Tuesday.
proposal not as per constitution
Senior counsel Manohar, who was appointed as amicus curiae, informed the high court that the Union Law Minister’s letter to the CJ was not in tune with the AP Reorganization Act. Articles 214 & 231 do not permit HC outside a State, he said.