Saturday, 25 MAY 2024 | PNS | DEHRADUN
The Supreme Court has stayed the order of the Uttarakhand High Court regarding the shifting of the High Court from Nainital. On May 8, the division bench of the HC had directed the State’s chief secretary to search for land for shifting of Uttarakhand High Court from its present location in Nainital. The High Court bar association through its secretary Saurav Adhikari filed a special leave petition before the Supreme Court challenging the direction of the HC.
Counsel for the petitioner, Kartikey Hari Gupta informed that the principal ground which was raised before the court was about the jurisdiction of the High Court. As per the entry-78 of the Union list, the constitution and organization of the High Court is a Union list matter. Under the circumstances, neither the State nor the High Court had jurisdiction/power to decide about the shifting of the High Court. Gupta further stated that as per section 26 of the UP State Reorganisation Act, 2000, which is a Central legislation, only the President of India has the power to decide the seat of the High Court which has already been done vide Presidential notification dated November 3, 2000, in which it has been categorically held that the High Court of Uttarakhand shall be at Nainital. Looking at these jurisdictional issues, the Supreme Court has stayed the impugned order and issued notices to the respondents. The matter has been posted for further hearing after vacation.
The High Court bar association president DCS Rawat welcomed the order of the Supreme Court. He said that this is a victory of the advocate fraternity. The bar association secretary Saurav Adhikari also welcomed the order passed by the apex court.
It will be recalled that the HC had issued its direction regarding the shifting of the court in larger public interest. Nainital being a hill station, aspects like accommodation and travelling to the city pose major inconvenience to members of the public and even some of the advocates.
