Court relocation row: Bar Association disputes High Court clarification as 'misleading'

Guwahati, April 7: The Gauhati High Court Bar Association (GHCBA), on Monday, contested the Gauhati High Court's recent clarification regarding the proposed relocation of the court and the establishment of a judicial township, calling the statement issued on April 3 “factually incorrect” and “misleading”.

The court’s statement, issued on April 3, had denied allegations that the decision to relocate the court was taken unilaterally, asserting that discussions on a consolidated judicial campus had been underway since 2022.

However, the Bar Association countered that the court had misinterpreted its November 2022 resolution and acted without consulting key stakeholders.

“The resolution categorically opposed the temporary shifting of the Chief Judicial Magistrate's Court Establishment, Kamrup (M), and emphasised that any decision regarding the shifting of the court, including High Court, must be taken only after consulting the Bar..." a statement by the association read.

GHCBA president Kamal Nayan Choudhury questioned the rationale behind relocating the court, pointing out that the current establishment was inaugurated only in 2014.

“No one from the Bar has demanded a judicial township. We believe the decision was taken in consultation with the government, but the Bar has been kept in the dark,” he said.

He also noted the timing of the court’s press release, suggesting it may have been issued in anticipation of legal action.

“We were in the process of considering a petition to challenge the proposal. The statement appears to be a response to that possibility,” Choudhury added.

According to the High Court’s earlier statement, the idea of consolidating judicial infrastructure was rooted in a recommendation made by the Bar Association itself.

The Full Court, comprising the Chief Justice and other judges, subsequently resolved to explore modern infrastructure solutions aimed at accommodating the increasing number of judges, lawyers, and litigants.

A request was made to the Government of Assam to identify land for a judicial township, culminating in a formal government notification on June 2, 2023. A high-level committee was constituted shortly thereafter on June 15 to take the proposal forward.