Dear Honorable Chief Minister Mr. Patnaik,
The recent development for a High Court Bench in Western as well as Southern Odisha has caused serious outburst in many districts of Western Odisha.
I like to draw your attention that in response to our earlier letter Prime Minister Office has informed dated on March 10, 2012 that setting up of a Bench of a High Court is considered only if a complete proposal in terms of section 51(2) of the States Reorganisation Act, 1956 is received from the State Government concerned, including the consent of the Chief Justice of the High Court and the Governor of the State and also if it satisfies the broad guidelines and criteria recommended by the Jaswant Singh Commission. The matter can be taken up by the Central Government only when a complete proposal is received from the concerned State Government as detailed above. The letter has also added that no proposal for a High Court Bench at Bhawanipatna for KBK region has been received from the Odisha State Govt.
As per the criteria recommended by the Jaswant Singh Commission Bhawanipatna fits because it is located in a distance above 400 km from the existing High Court at Cuttack and it also located in a backward and remote location.
Political demand of two High Court benches at Sambalpur ot Berhampur as recommended by state Govt. earlier could be irrational as per Jaswant Singh Commission recommendation, as both Sambalpur and Behrampur are well connected with Cuttack: people can return in the same day finishing work in HC Cuttack by train. Moreover, both these locations are in less than 400 km distance from Cuttack.
High Court benches in any state in India are located at least 320 km away from parent HC seat except Lucknow, which is a state capital and Allahabad being the court since British time. Other HC benches are in state or Union territory capitals. Both Sambalpur and Berhampur are located less than 300 km from Cuttack and are not of state capital or union territory. The present work load in High Court in Cuttack also does not necessitate any additional bench in Odisha, for example, states like Andhra Pradesh, West Bengal, Gujarat, Bihar etc. are larger and have more work load in their respective existing HC bench than Odisha, thus, additional HC bench in Odisha before any of the above state is illogical as per Jaswant Singh Commission recommendation.
However, as per Jaswant Singh Commission recommendation, KBK region in Odisha has a better chance ascommunication to KBK region in Odisha is poor, backward and located far from existing HC at Cuttack. This region is also considered in the line of special categories states due to hilly, tribal and backward region such as North Eastern states, Himachal Pradesh etc. by planning commission. Therefore, KBK region receives special grant in the line of North Eastern states and Himachal Pradesh for irrigation and other schemes from the central Govt. and planning commission. Earlier HC benches and educational institutes were established in NE states citing this special category status.
Based on special status, long distance, backwardness, tribal population, poverty, hilly region etc. a HC Bench for KBK region comprising many districts in Western and Southern Part of Odisha could bring more success to overcome the present political stalemate during urban poll.
As reported in various newspaper today, Kalahandi Bar Association and all political parties in Kalahandi have come together for HC bench in Kalahandi.
Bhawanipatna is also far away from Cuttack, above 400 km and well connected by SH and NH to all these backward districts in KBK, Kandhamal, Boudh, Gajapati, Sambalpur and Bargarh. It is also centrally located among all these districts.
Considering all these facts, I urge you to kindly take this issue and submit a fresh proposal to the central Govt. for establishing a High Court Bench at Bhawanipatna for KBK-Kandhamal region to resolve the current political deadlock during urban polls across Western and Southern Odisha.
Thank you and with best regards
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