CJI BR Gavai inaugurates circuit bench of Bombay High Court at Kolhapur

Chief Justice of India (CJI) BR Gavai on Sunday inaugurated the circuit bench of the Bombay High Court at Kolhapur.

He said that it was the fulfillment of a dream and a deeply personal promise.

The bench will commence functioning from August 18 (Monday).

“Today, for all of us, our dream has been fulfilled. Forty to forty-five years ago, the advocates of this region had a dream. Fifteen years ago, I became a part of it. In 2014, when (Devendra) Fadnavis was Chief Minister, he became part of it too. Today, that dream is fulfilled," the CJI said.

He recalled how, after being sworn in as a Supreme Court judge on May 24, 2019, he toured most districts of Maharashtra.

In 2022, during a visit to Sindhudurg, Senior Advocate Sangram Desai brought up the long-standing demand for a bench in Kolhapur.

“I gave my support, and after consulting several legislators, I pursued it,” Gavai said.

He went on to acknowledge the persistence of the lawyer community of Kohlapur for a bench over several generations.

“Lawyers from this region have struggled for 45 years. Former Chief Justices like Mohit Shah, Justice Ranjit More, our friend, were all part of this. One judge, whom I will not name, headed a committee and said that a Division Bench couldn’t be formed here. But Justice More insisted it was necessary. Justice Shah had hoped to declare it in his retirement speech, but due to circumstances, he couldn’t. Today, 11 years later, that day has finally come.”

Speaking about what motivated him to support the efforts for establishment of the circuit bench at Kolhapur, CJI Gavai said,

“When I gave the support for the Kolhapur bench, lawyers didn't come to my mind. I always say that all the institutions of the State, be it the CM's executive, be it the legislature, be it the judiciary, we all exist for the citizens of this country. We are the workers of this country's common citizen, and the last citizen. That is why when I gave support. I didn't think of the Kolhapur lawyers, I thought of poor citizens from Solapur, Akkalkot taluk, the bordering Karnataka's Gulbarga talks who have to go to Mumbai for their 2 acres of land after a night of travelling.”

He added that even a basic stay in Mumbai for a night would come to around ₹2,000 to ₹3,000 which would be expensive for a common citizen.

CJI Gavai also spoke about how establishment of the bench helps the State in fulfilling the values of justice - social, economic and political enshrined in the Constitution.

“Babasaheb Ambedkar used to say that unless there is social and economic democracy along with political democracy, we can’t claim to be a true democracy.”

He elaborated how despite achieving political equality through 'one person, one vote', the society remains deeply unequal.

“On an economic level, the wealth of this country is concentrated in a few hands, and the majority struggle to make ends meet. Unless we remove these contradictions, we are not a democracy in the true sense. In my opinion, the establishment of the Kolhapur bench, in the justice delivery lens, is a huge milestone. I have no doubt, the history we have been part of today is a good medium that will ensure justice at the lowest cost and time for people from six districts," he said.

He recalled how the Aurangabad bench of the Bombay High Court had also faced skepticism in the initial years and how Kolhapur bench too faced the same.

“Whenever the demand from Kolhapur came, what appeared before my eyes and in my head was the Aurangabad bench. When the Aurangabad division bench was established, it was nothing else but an elevated district court. Today, Aurangabad has proved that, in its 40 years of existence, it is not only equal to the lawyers at Bombay High Court but at times, better. That division bench has given four Chief Justices, one Supreme Court Justice and dozens of High Court judges. I am aware that today we are making a platform for parties as well as an opportunity for the lawyers from these six districts.”

He said that nearly 200 lawyers from these six districts now practice in Mumbai and predicted that many of them would return to Kolhapur on finding fresh opportunities at the new bench.

“I will not be surprised if, within the next 10 years, this bench gives High Court judges and creates new platforms for the youth of this region.”

CJI Gavai also expressed his wishes to make Kolhapur bench permanent. He requested Bombay High Court Chief Justice Alok Aradhe to send a representation soon to convert the circuit bench into a permanent division bench.