Odisha government fails to file affidavit on HC benches, July 23 set as new deadline

Orissa High Court fixed the fresh deadline after the State government failed to file the affidavit even after three months.
The Home department had constituted a committee to discuss the establishment of a permanent bench of Orissa High Court in western and southern regions of the state. (File Photo | EPS)
The Home department had constituted a committee to discuss the establishment of a permanent bench of Orissa High Court in western and southern regions of the state. (File Photo | EPS)

CUTTACK:  The Orissa High Court on Thursday set July 23 as a fresh deadline for the State government to file an affidavit giving details on the scope of the task entrusted to the committee formed for consideration of permanent benches at places other than the principal seat in Cuttack. 

The Court fixed the fresh deadline after the State government failed to file the affidavit even after three months. The Home department had constituted a five-member committee first on March 8, 2019 for consideration of various aspects of establishing a permanent bench of Orissa High Court in western and southern regions of the State.

On August 28, 2019, the department through another notification reconstituted it into a six-member committee by including the Development Commissioner as Chairman in place of Additional Chief Secretary in Home department.

On September 9, 2019 advocate Shivsankar Mohanty filed the petition in person seeking quashing of the two notifications. The HC admitted the petition on December 2, 2019, but refused to give the interim relief.  When the petition came up next after 16 months on March 30, the HC wanted to know about the details of the committee and the State counsel stated that he will seek instructions on the matter.

Accordingly, the HC allowed time till July 1. But when the matter came up on Thursday the counsel sought more time. The division bench of Justice SK Mishra and Justice BP Routray granted time till July 23 and posted the matter to August 5. 

The PIL contends that the State government is incompetent under the law to form such a committee as the executive has no role to play in the setting up of additional benches of the High Court. 

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