16.15 hrs.
HIGH COURT OF KERALA (ESTABLISHMENT OF A PERMANENT BENCH AT THIRUVANANTHAPURAM) BILL, 2002- Contd.
Title: Consideration and withdrawal of the High Court of Kerala (Establishment of a Permanent Bench at Thiruvananthapuram) Bill, 2002, moved by Shri Kodikunnil Suresh on 5 December, 2003. (Bill withdrawan).(Continued– concluded).
SHRI KODIKUNNIL SURESH (ADOOR): Sir, I am extremely thankful to this august House for giving me an opportunity to move this Resolution as a Private Members’ Bill for instituting a permanent bench of the Kerala High Court at Thiruvananthapuram. This is a historical movement for the people of Kerala, especially those who are residents of the Southern districts, for they have been demanding the institution of a High Court Bench at Thiruvananthapuram for a long period now. If it happens it would be a long cherished dream come true for the people of Kerala. I once again thank this House for providing me an opportunity to present this Bill for the consideration of the House and to pass it.
Thiruvananthapuram is the capital city of Kerala, the most literate State in our country. Thiruvananthapuram had been the seat of erstwhile princely State of Travancore. Till the integration of two princely States of Travancore and Cochin as an united State of Travancore-Cochin in 1949. Thiruvananthapuram was the seat of the Travancore High Court. In 1954, the Travancore-Cochin High Court Act was amended as it was felt that it is necessary to establish a High Court Bench at Thiruvananthapuram. Thiruvananthapuram had the High Court Bench of the Travancore-Cochin High Court till the year 1956 when the States Reorganisation Act was passed. From then Thiruvananthapuram is the only State capital in the country where there is no High Court or even a Bench of the High Court.
The people in the southern regions and districts or the State of Kerala started an agitation to re-establish the High Court Bench at Thiruvananthapuram. As a result of the then hon. Chief Justice of Kerala High Court approved a Bench at Thiruvananthapuram to sit and hear cases without any filing powers with the approval of the Governor of Kerala under Section 51(3) of the States Reorganisation Act. Such an arrangement continued till the year 1958. The then Chief Justice of Kerala stopped the practice of sending cases for hearing by the Single and Division Bench of the High Court at Thiruvananthapuram.
Sir, the members of the Bar Association of Thiruvananthapuram on behalf of the litigant public made representations to the various authorities to initiate necessary Government level steps to institute a Bench of the High Court of Kerala at Thiruvananthapuram. The Bar Association has submitted representation as early as in 1995 to His Excellency, the President of India, the then Opposition Leader of Rajya Sabha, Shri Sikandar Bhakt, at present His Excellency the Governor of Kerala, the then Law Minister, Shri Ramakant Khalap and various other Governmental authorities. Since then the Thiruvananthapuram Bar Association has been consistently taking up this issue before the various authorities both at the Central and State Governments and the Judiciary.
In 1958 the Kerala Legislative Assembly passed a resolution requesting the Central Government to establish a permanent Bench of teh High Court of Kerala at Thiruvananthapuram. Later on in 1972, the then Chief Minister of Kerala had given an assurance on the floor of the Assembly, in response to a non-official resolution demanding establishment of a permanent Bench of the High Court of Kerala at Thiruvananthapuram, that all necessary steps would be taken by the State Government in this regard. In 1995 the Kerala Government openly declared that all possible steps would be taken for the establishment of a permanent Bench of the Kerala High Court at Thiruvananthapuram.
Sir, thereafter in 1999 the Government of India requested the Government of Kerala to obtain the views of the Chief Justice of Kerala regarding establishment of a Bench at Thiruvananthapuram and to clarify whether the proposal to institute a Bench of the Kerala High Court at Thiruvananthapuram satisfied all the requirements made out by the Jaswant Singh Commission Report.
The action to establish a Bench of the High Court of a State to place away from its seat is to be taken by the Government of India on a proper proposal made by the concerned State Government in consultation with the Chief Justice of the State and in conformity with the Jaswant Singh Commission Report. The Central Government can take the decision if it is satisfied and the Bench can be established by an order of the President of India.
Mr. Justice Subramaniom Potti, while acting as a Chief Justice of Kerala had intimated the State Government that the Kerala High Court had no objection in the establishment of a Bench of the High Court at Thiruvananthapuram. Other past Chief Justices including Justice Malimath, Justice Omprakash, Justice Uday Pratap Singh had expressed their assent for a Bench of the High Court at Thiruvananthapuram. Mr. Justice Omprakash even openly declared the need of a Bench of the High Court at the capital on his visit to Thiruvananthapuram on 9.11.1998.
Sir, the Home Department of the Kerala Government has underlined the necessity of starting a High Court Bench at Thiruvananthapuram through a note and agenda circulated among the Members of Parliament of the State at an MP’s Conference organised by the Government of Kerala on 24th November, 2003. In pages 24 and 25 of the Agenda Notes the reasons for establishing a Bench of the High Court of Kerala at Thiruvananthapuram has been narrated.
16.21 hrs. (Dr. Laxminarayan Pandeya in the Chair)
At present the High Court of Kerala situated at Kochi, a city 220 kilometers away from Thiruvananthapuram, the State capital of Kerala. Establishment of a permanent Bench at Thiruvananthapuram will enhance the efficiency of the High Court of Kerala and also will help the High Court to clear up the arrears of work. Every year tens and thousands of cases relating to revenue recovery, revenue collection, commercial taxes and service matters are being filed before the High Court of Kerala. Most of the Head Offices of various Government departments under the Government of Kerala are situated at Thiruvananthapuram. Much difficulty is faced by the Government and litigant public as the High Court is situated at a far away place from the State capital.
Sir, I would like to give the figures in regard to the amount spent by the Kerala Government for this. In the year 1999-2000, the expenditure incurred was Rs. 58.9 lakh and in 2000-01 it was Rs. 58.32 lakh. The main expenditure incurred was under the heading `Travelling allowance and daily allowance paid to Government officials’. The position was intimated to the Chief Justice of Kerala and it was requested that the views of the High Court on setting up of a Bench of the High Court at Thiruvananthapuram may be conveyed to the State Government.
Mr. Chairman, Sir, in response, the Chief Justice of Kerala sought for some clarifications such as whether by setting up a Bench of the High Court at Thiruvananthapuram, teh expenses incurred by the Government of Kerala every year, for defending cases before the High Court at Kochi would come down or not. The Chief Justice further asked, “Would it not become necessary for the Government to set up a new establishment for the Advocate General’s office and High Court at Thiruvananthapuram”? There were other such queries such as, “Would that not involve an avoidable additional expense on establishment and even infrastructure”?
The State Government discussed the matter in the in the meeting held by the Chief Secretary of the State and attended by the Principal Secretary (Home), Principal Secretary (Finance) and Secretary (Law) on 6.3.2003. The meeting considered all the aspects of the issue and favoured the establishment of a Bench of the Kerala High Court at Thiruvananthapuram.
Sir, the Chief Minister of Kerala, vide D.O. letter no. 56633/SSA3/98 Home dated 16.5.2003 informed the Chief Justice of Kerala that to set up a new establishment for the High Court and the Advocate General’s Office at Thiruvananthapuram, the city has the necessary building infrastructure to accommodate the needs of the Bench when it is established. The letter further clarified that the establishment of the Bench of High Court at Thiruvananthapuram will not involve any unbearable financial burden on the State Government. The Chief Minister narrated that the benefits that may accrue on the State Government would be more than the expenditure incurred. The Chief Minister has pointed out that the benefits are much more to the State capital. A High Court Bench at Thiruvananthapuram would enable more active attention to cases especially those involving finance of the State, quicker compliance of the order of the High Court and better co-ordination between the Judiciary and the State Government. So, it was requested to the Chief Minister of the State Government to convey the views of the High Court on the matter so as to take up this issue with the Ministry of Law, Government of India.
Sir, Kerala Government has estimated that the State loses hundreds of crores of rupees every year due to the absence of a High Court Bench at Thiruvananthapuram. The decision of the High Court is being awaited. The historical fact is that Thiruvananthapuram is the only State capital among the different State capitals of the country which do not have a Bench of the High Court having territorial jurisdiction over the State. Thiruvananthapuram has all the necessary infrastructure and it satisfies all the conditions stipulated in the Jaswant Singh Committee Report for instituting a High Court Bench in the city. The Report says that it is not necessary that all the norms detailed are satisfied. It is enough if the totality of the conditions and the circumstances obtaining at a particular region warrant the establishment of the Bench. As it is understood, many conditions prevailing now are favouring the establishment of a Bench of the High Court of Kerala in Thiruvananthapuram. I understand that the Union Law Minister and the Minister of State for Law and Justice are in favour of establishing a Bench of the High Court of Kerala in the capital city of Thiruvananthapuram. But action has not been initiated by them.
I sincerely request this House to kindly consider this Bill and to pass it. I request the hon. Minster for Law and Justice to initiate necessary steps to institute a Bench of the High Court immediately so that the long cherished dream of the people of Kerala would come true. This is my request. Hon. Minister of State for Law and Justice, Shri P.C. Thomas is with us today. I hope he will give a favourable and positive reply in this regard. We are awaiting that reply from him.
MR. CHAIRMAN: Motion moved:
“That the Bill to provide for the establishment of a permanent Bench of the High Court of Kerala at Thirunanthampuram, be taken into consideration.
(CHIRAYINKIL): Sir, I rise to support the Motion moved my Shri K. Suresh. It is a long-standing demand of the people of Kerala for establishing a Bench of the Kerala High Court at Thiruvananthapuram.
In this respect, I may point out that there were agitations also for this purpose. Many legal luminaries had taken part in that agitation and courted arrest for the establishment of a High Court Bench at Thiruvananthapuram. I had also participated in that movement long before. The agitation was started nearly three decades back but, so far, no concrete steps have been taken either by the State Government or the Central Government in this respect. Now, as far as I know, it is the policy of the Central Government that justice must be made cheaper to the common man. In this respect, there is a proposal to have a Bench of even the Supreme Court at Bangalore which will suit the convenience of the people in the South. So also, it is only just and proper that we have a Bench at Thiruvananthapuram. If we have it there, that will be beneficial to the four districts in the South of Kerala. It is not only that. Even the Government of Kerala have informed the Central Government as well as the High Court that they would be benefited by the establishment of a Bench because almost all the Public Interest Litigations – the PIL is the law of the land now – will be filed there. In every case, there will be a Public Interest Litigation. The Public Interest Petitions will also be there before the High Court in many respects. Writ Applications will be filed. Article 226 of the Constitution is being used every now and then. In all these cases, the Government will be a party. The Government will have to file counter-affidavits and defend themselves against the encroachment on the citizens’ rights.
Naturally, in almost all the Writ Applications, the Government is a necessary party. The Government and its machinery will have to move the High Court from 225 miles away from Thiruvananthapuram with all the materials. It involves a very big amount of expenditure from the Exchequer by way of fees etc. Of course, fees will have to be paid even in Thiruvananthapuram. But the travelling expenses, transport expenses and all these will come up to crores of rupees every year for conducting Government cases at Cochin, the present headquarters. So, it will be beneficial in public interest also, in the interest of the Exchequer also if there is a Bench at Thiruvananthapuram. Almost all the Writ Applications pending before the High Court can be disposed of at Thiruvananthapuram. It will be easy for the Government to put in an appearance; it will be easy for the Government to take notice; it will also be easy for the Government’s advocates and the Advocate-General to be present as and when they are called for. So, without involving much expenses to the State Exchequer, this can be established. That is why, even the Government is also wavering with this proposal because it will be reducing the expenditure by way of litigation by the Government. That is one thing.
Secondly, there must be some connection between the Executive and the Judiciary – the two arms of the State – in day to day functioning. In Delhi, we have the Supreme Court and the High Court. We have the Parliament and the Central Executive here. There is constant connection. That will pave the way for easy administration of justice. So also, if a Bench is established at Thiruvananthapuram, that will lead to easy disposal of justice so far as the State is concerned. Moreover, the Government also will be very much benefited by having a Bench very near to their headquarters. That is very essential. Even for the Judiciary also, the nearness to the Executive is very much helpful in the administration of justice. So, considering all these aspects, the Bench must be established. Nobody can deny the cause by any stretch of imagination.
In the instant case, I may point out that the Kerala Government has also taken a very definite step for the establishment of a High Court Bench at Thiruvananthapuram. It is not a new thing. A Bench was established at Thiruvananthapuram. It was functioning for some time. But a Chief Justice, because of his imagination, had withdrawn the filing powers of that Bench so that it came to a stop. Because of the wrong order issued by the Chief Justice telling not to file any more cases before the Thiruvananthapuram Bench, it stopped functioning. The net result was that the Bench did not function without filing powers. So, after all, it is not the establishment of a new Bench. It is only the re-establishment of a Bench at Thiruvananthapuram. It is a matter of fact that we are not asking for a new Bench. We are asking for the re-establishment of a Bench which was functioning in Thiruvananthapuram for some time even after the headquarters of the High Court was shifted to Cochin. Moreover, it may be pointed out that we have the High Court Library at Thiruvananthapuram because the High Court was functioning there for over 150 years. So, the Thiruvananthapuram High Court had a tradition of 150 years.
It was only after the integration of the erstwhile provinces of Cochin and Travancore, the High Court was shifted to Kochi as a compensatory measure for having the capital at Thiruvananthapuram. But it was not a correct decision. Now, all the infrastructural facilities are available in Thiruvananthapuram for the establishment of a full High Court.
Secondly, it may be borne in mind that the Kerala Assembly had taken a unanimous decision for the establishment of a High Court Bench at Thiruvananthapuram. So, the Executive is in favour, the Legislature is in favour and sometimes the Judiciary was also in favour, but it could not be given effect to. The present state of affairs is that I have written several times to the Law Minister of the Central Government and he has given me a reply that the Government would consider it as soon as they receive a reply from the Chief Minister of Kerala with the approval of the Chief Justice of the Kerala High Court. That is not forthcoming. The most important question is: who will bell the cat? Either the Central Government has to take the initiative and establish the Bench or they should prevail upon the State Government to speed up the matter after obtaining the opinion of the Chief Justice of Kerala. They should not delay the matter further. Shri Ram Jethmalani and Shri Arun Jaitley have written to me that they are agreeable for the establishment of a High Court Bench at Thiruvananthapuram, but as per the rules of practice they want a definite reply from the Chief Justice of Kerala. Now, the matter has come to such a position, as far as I know from the written reply given by the Law Minister, that the Central Government is awaiting the reply of the Chief Justice as well as the Chief Minister. If that is available, they can take the decision and if not, they should remind them, get the reply and see that the long-cherished wish of the people of Kerala becomes a reality.
Then, with regard to the judicial process also, the Central Government will have to do some important things. Now, Fast Track Courts are available throughout the country. But, unfortunately, they are not there in the State of Kerala. So, Fast Track Courts will have to be established there without further delay and for this purpose, the Central Government should render all assistance to the Government of Kerala for the speedy establishment of Fast Track Courts.
Sir, the Family Courts are very popular among the people now, but the Family Courts do not have any building. They are functioning in some rented buildings and it is also very difficult for the advocates to go and practise there. Moreover, the Family Courts are very popular in the sense that family counselling will also take place there and that a decision will come without any delay.
There are only a few Family Courts in Kerala. So, the number of Family Courts will have to be increased from the present number and there must be two or three Family Courts in every district so that the human relationship can be maintained properly. So, I request the Central Government to give assistance to the Government of Kerala to establish Fast Track Courts in Kerala and also increase the number of Family Courts. I hope the hon. Minister will take the necessary initiative and see that this is done without delay.