Orissa High Court

Cuttack, Feb. 18: The state government is in a fix over the places where it would like to have separate benches of Orissa High Court.

It is mainly because of the inordinate delay in submission of report by the Justice C.R. Pal Commission.

Lawyers in west Odisha have launched a fresh agitation over a high court bench and called for a strike in the region tomorrow.

But, without the commission report, the state government is neither in a position to submit a fresh proposal for the benches before the Chief Justice with enough material for consideration, nor equipped to specify location of the proposed benches as was sought by the Union minister for law.

The judicial commission was appointed nearly six years ago to assess feasibility and desirability to set up permanent or circuit bench of the high court anywhere other than the principal seat in Cuttack. But it is yet to submit its report.

The single-member commission of Justice C.R. Pal, a retired judge of Orissa High Court, was appointed on March 11, 2008. Though the commission’s tenure was for six months, it was given 10 extensions, ending on December 31, 2013. It had then sought further one-month extension.

However, Justice C.R. Pal told The Telegraph: “The report is in the final stage of preparation. It will be submitted to the government definitely by the end of this month.”

There had been persistent demands from parts of the state to set up permanent high court benches in their region.

The state government had made requests to the high court five times since 1991, the last time in 2007, only to be turned down for lack of material for consideration.

People’s agitation in various parts of the state became more pronounced and somewhat aggressive with such developments. But, the government made no progress in collating facts to support selection of a venue for circuit court or permanent bench. It has taken no steps to make any such assessment till appointment of Justice C.R. Pal Commission.

Besides, the delay in submission of report has pushed the Naveen Patnaik government to a quandary in the face of fresh agitation when general election is due.

After civic elections had to be postponed in west Odisha because of the agitation, Naveen on September 28 last, had sent a proposal letter to the Centre to set up permanent benches in west and south Odisha.

On October 23 last, Union law minister Kapil Sibal forwarded Naveen’s letter to the Chief Justice “to examine the case and send his views”. Further action would be taken according to the “response from the high court”, the law minister had indicated in his reply to Naveen’s letter.

Sibal had also sought from Naveen “the specific location” of the two benches of Orissa High Court proposed by him, including “availability of land and resources for infrastructure, staff and other facilities”. But, over three months into it, Naveen is not in a position to answer Sibal’s queries as the commission had not submitted its report.

Instead, Naveen, in the wake of fresh agitation by lawyers in western region, has shot off another letter to Sibal on February 13 to take a decision on his proposal. Naveen also urged Sibal to engage in a dialogue with the high court in this regard.