High Court to Adjudicate on Separate HCs for AP, TS

Asks Union, AP, Telangana governments to file counter affidavits

HYDERABAD: A division bench of the High Court said on Monday that it would adjudicate on the issue of separate High Courts for the states of Telangana and Andhra Pradesh and give necessary directions based on the provisions of AP Reorganisation Act and the letters written by the Union minister of law and justice and the two state governments.

It directed the governments of Telangana and Andhra Pradesh and the Union of India to file their counter affidavits on a PIL seeking constitution of separate High Courts for the two states.

The bench comprising chief justice KJ Sengupta and justice PV Sanjay Kumar passed this order on a PIL filed by T Dhangopal Rao, a resident of Hyderabad, complaining about delay in formation of separate High Courts for the separated states.

Telangana advocate-general K Ramakrishna Reddy told the bench that the Telangana government had taken steps for constitution of a separate High Court for the state and written letters to the chief justice of India and the central government.

Besides, the Union minister for law and justice had written letters to the chief justice of Supreme Court and the chief justice of Hyderabad High Court requesting them to take steps for formation of separate High Courts. He placed copies of these letters before the bench.

The bench pointed out that the Union law minister, in his letter, had stated about constitution of a separate High Court for Telangana state. But as per the AP Reorganization Act, the existing common High Court would go to Telangana state once a separate High Court was constituted for the AP state. Nothing was impossible if correct steps were taken in an appropriate manner, the bench commented and wanted to know the stand of the AP government on the issue.  In reply, additional advocate-general D Srinivas told the court that the AP government had already expressed its views on the issue to the Centre.

The bench then asked both the state governments to file their counter affidavits explaining their stand on the issue. While adjourning the case to Thursday, the bench appointed two senior counsels, E Manohar and G Vidya Sagar, as amicus curiae to assist the court in the case.

The bench made it clear that it would start hearing the arguments on day-to-day basis and give finality to the issue and that it would not go ahead with the hearing if there was any agitation which is likely to affect the adjudication.

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