Karnataka High Court rejects challenge to conversion of HC circuit benches at Dharwad, Kalaburagi into permanent benches

The Karnataka High Court on Tuesday dismissed a Public Interest Litigation (PIL) challenging a 2008 Presidential Order converting the High Court's circuit benches at Dharwad and Kalaburagi into permanent benches [NP Amrutesh v. Union of India]..A Division Bench of Justices B Veerappa and KS Hemalekha rejected the plea filed by advocate NP Amrutesh, stating that there was absolutely no public interest made out. "In fact, it is against the public interest and against the people starving for justice, ignoring the dictums of this Court and the Hon'ble Supreme Court," the order stated..The Court went on to note that the establishment of the two benches was the need of the hour, since the idea of speedy and quality justice dispensation system could not be treated with a status quo approach."A court complex is not just a building. It is the building of justice which breathes and infuses life into the exalted and sublime ideals of justice. The widening gap between the ideal and the real and between the vision and the pragmatic realisation of justice has to be bridged by proper access to justice for all.".The petitioner had challenged the setting up of permanent benches on the ground that under Article 214 of the Constitution, only one seat of a High Court is provided.Further, it was argued that the establishment of circuit benches is in violation of provisions of the States Reorganisation Act as well as the Mysuru High Court Act.Additionally, it was stated that converting circuit benches into permanent benches before reviewing performance and financial sustainability was a matter of public interest as huge public money was involved in the exercise..On taking note of the fact that pendency of cases from northern districts made up almost one-third of the High Court's total pendency, the Court opined that these benches would certainly tend to the public's convenience."...the establishment of permanent benches of the High Court at Dharwad and Kalaburagi ensures speedy and qualitative justice to the needy citizens of North Karnataka to their door steps..."In addition, it would also substantially reduce the overall cost of litigation and inconvenience to the litigant public belonging to the area..Moreover, the Court underscored that access to justice is a fundamental right and that it was the State's duty to ensure that the justice delivery system reaches every nook and corner of its territory..The judgment also highlighted that the circuit benches were constituted in June 2008 and this plea was only filed in May 2014. Reasoning that there was no explanation for the inordinate delay of six years in filing the same, the petitioner was found disentitled to any relief. .The Bench also made it clear that it could not sit over a decision of the government as well as the Chief Justice of India. "One cannot assume or impute to a high constitutional authority, like the Chief Justice of India, such procedural or substantive error. If Parliament has reposed faith in the Chief Justice of India as the paterfamilias of the judicial hierarchy in this Country, it is not open for anyone to contend that the Chief Justice of India might have given his concurrence without application of mind...".While dismissing the plea, the Division Bench considered imposing heavy costs on the petitioner for wasting precious public time. However, taking stock of his age and earlier genuine PILs, the Court refrained from imposing costs. He was, nevertheless, advised to be cautious in the future. .Advocates VR Dattar and NK Siddeswara appeared for the petitioner.The respondents were represented by Deputy Solicitor General H Shanthi Bhushan, Additional Advocate General Dhyan Chinnappa, Senior Advocate SS Naganand and Advocates Kiran Kumar, SG Prashanth Murthy, Sumana Naganand, Karthik Yadav U, SK Venkata Reddy, Sona Vakkund and DC Parameshwaraiah..[Read Order]