Non-resident Odia professor Digambara Patra of the American University of Beirut has demanded establishment of a High Court Bench or Circuit Bench in Bhawanipatna.
In a letter to the Prime Minister and the Chief Minister of Odisha, Patra has cited that a High Court Bench or Circuit Bench exists along with their parent HC in many States in India due to work load or given the distance and backwardness of specific locations.
However, in Odisha, though there are many regions which fulfill all the criteria for establishment of HC Bench or Circuit Bench, it is not done. The Jaswant Singh Commission has pointed out that a distance of 400-km from the parent HC should be a factor to have a HC Bench in a backward location, he said in the letter.
He said political demands for HC Benches in Sambalpur and Behrampur are illogical as both areas are well-connected with Cuttack and people can return in the same day finishing work in the court at Cuttack by train. HC Benches in any State in India are located at least 320 km away from parent HC seat, except in Lucknow, which is a State capital and Allahabad with a court since British era. Both Sambalpur and Berhampur are located less than 300 km from Cuttack.
He pointed out that communication to KBK region in Odisha is poor and the region is considered to be given special category State status in line with the north east States due to their hilly, tribal and backward characters.
Therefore, based on their long distance and backwardness, a HC Bench for KBK region comprising the backward districts in western and southern parts of Odisha should be ideal.
“Kalahandi Bar Association has demanded earlier for a HC Bench in Bhawanipatna. So, there is demand for the same in Jeypore and Balangir by the local bar associations. However, Bhawanipatna is a central location in KBK and south western Odisha comprising Kandhamal, Boudh, Gajapati and Bargarh, etc. Bhawanipatna is also far away from Cuttack, above 400 km but is well-connected by SH and NH with all the south western districts. Hence, Bhawanipatna has a solid ground to host a HC Bench or Circuit Bench,” he said.
Also published in orissadiary
Additional Comprehensive Update:
Even within Westen Odisha and Southern Odisha, decentralisation of power and investment is required in the local level. When it comes to HC Bench its more political than logical by favouring Sambalpur and Berhampur, respectively, in the name of Western and South Orissa which keep other hinterland in dark, this is equally unjustified. This is how we historically build region like KBK comprising half of hinterland districts of South and other half dist from Western Orissa.
High court bench orcircuit bench are existing in India in the same state based on work load or in far off backward remote locations such as Madurai and Chennai; Mumbai, Nagpur and Aurangabad, Bangaluru, Hubli and Gulberga, Jaipur and Jodhpur; Gowalior, Jabalpur andIndore, Lucknow and Allhabad or in other states or UT such as Panaji, PortBlair, Kohima, Aizwal, Imphal, Agartala, Shillong, etc.
Existing HC benches are located in states which are larger than Odisha in population and having more work load in their parent HC, some of them like West Bengal, AP, Gujarat, Bihar etc are larger and have more work load than Odisha parent HC at Cuttack, but does not have any HC bench or circuit bench.
In this respect political demand of two HC benches in Odisha may be a difficult task or illogical, both Sambalpur and Behrampur are also well connected with Cuttack and people can return in the same day finishing work in HC Cuttack by train. HC 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) and other benches are in UT/states. Both Sambalpur and Berhampur are located less than 300 km from Cuttack (Google Map can be helpful).
As per the cases coming to High Court of Cuttack, the region which has better chance to have a HC bench is South Odisha, Western Odisha has less number of cases coming to HC Cuttack compared to South Odisha, but this number is also not sufficient compared to other states in India.
KBK region in Odisha is considered in the line of special categories states (due to hilly, tribal and backward region), such as Noth Eastern states, Himachal by planning commission and special grant is given in the line of NE and Himchal Pradesh states for irrigation and other schemes by the central Govt. and planning commission.
Earlier HC benches and educational institutes were established in NE states citing this special category status and not based on work load to the corresponding HC bench.
Therefore, based on special status Odisha should rather demand a HC Bench for KBK region comprising the backward districts in Western and Southern Part of Odisha, since work load in Cuttack may not neccessiated additional bench in the state, such demand for KBK may put Orissa in solid background in front of Bihar, West Bengal, AP, Gujarat etc.
Kalahandi Bar Association has demanded earlier for HC bench in Bhawanipatna, so there is demand for the same in Jeypore and Balangir by local Bar Association. Bhawanipatna is a central location in KBK and also for South Western Odisha comprising KBK-Kandhamal-Boudh-Gajapati-B
Bhawanipatna is also far away from Cuttack, above 400 km and well connected by SH and NH to all these districts. In this way locally Bhawanipatna has a solid ground to demand for HC bench or circuit bench. Kalahandi is also comes under both South Odisha (RDC) as well as Western Odisha (WODC) and KBK. It can be a judicial point to please politically both regions of South as well as Western Odisa which can also increase the chance for getting in HC bench in Odisha.
In case of two HC benches in Odisha, second one may come in Keonjhar-Sundergarh region, a location which is above 400 km from Cuttack, probably Sundergarh town would be right choice.
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