Lawyers from the Gauhati High Court are at odds with the Assam government over the proposed relocation of the court. On Sunday, Chief Justice of India (CJI) Surya Kant is scheduled to lay the foundation stone for an integrated judicial complex in North Guwahati, which is intended to become the new seat of the Gauhati High Court.
Over 1,300 lawyers associated with the Gauhati High Court Bar Association (GHCBA) are protesting the state government's proposal to move the court from its existing Uzanbazar campus to Rangmahal in North Guwahati, across the Brahmaputra River. GHCBA members allege the decision was taken unilaterally, without consulting key stakeholders.
Lawyers In Protest Mode
The hunger strike, which began on Thursday, is being held within the premises of the Gauhati High Court. Advocates continued their strike on Saturday, demanding that the decision be reviewed and all stakeholders consulted before further steps are taken.
Questioning the urgency of the relocation, the lawyers pointed out that an annexe building was constructed as recently as 2014, connectivity improvements, including an underpass, have been made, and the current justice delivery system is functioning smoothly.
Speaking to the media, Gauhati High Court Bar Association President and senior advocate Kamal Nayan Choudhury said the advocates had been raising concerns for nearly two years but received no positive response from either the state government or the High Court administration.
"The decision to shift the High Court has been taken unilaterally by the government and the High Court without consulting us, even though advocates are one of the most important stakeholders in the justice delivery system," Choudhury said.
The lawyers also cited a recent Supreme Court stay on a similar relocation of the Uttarakhand High Court, noting that in that case, committees of lawyers and experts were consulted. Senior advocate Angshuman Bora added that the proposed relocation is legally untenable under Section 31 of the North Eastern Areas (Reorganisation) Act, which prescribes the principal seat of the Gauhati High Court at its present location.
The advocates have further demanded that the decision be reviewed and that all stakeholders be consulted before any further steps are taken.
The state government, however, claimed that the Gauhati High Court itself decided to have a new high court building.
"In 2023, under the leadership of then Chief Justice Sanjiv Meheta, the Gauhati High Court took a full court decision regarding infrastructure and future requirements. The Assam government was approached with a request based on this collective and integral decision of the full court. Claims suggesting that no such decision was taken by the Gauhati High Court leadership are incorrect and create a misleading narrative," said Devajit Saikia, Assam's Advocate General.
Saikia said that misinformation is being spread about relocation involving forest land, and the decision is being taken without consultation. "There has been an attempt to portray the move as one involving forest land or inadequate infrastructure. This narrative is factually incorrect. The decision was taken in consultation with the full court team of the Gauhati High Court in 2023, and the process followed established constitutional and legal provisions," Saikia said.
"An order issued by the Governor General, published for general information, clearly outlines the legal framework. Under subsection 1 of Section 229 of the Government of India Act 1935, as adopted by the Indian Provincial Order Amendment 1948, the High Court of Assam and its judges in division courts are to sit at such place in the province of Assam as the Chief Justice may appoint with the approval of the Governor of Assam. This constitutional provision empowers the Chief Justice to decide the seat of the High Court with due approval," he said.
"Accordingly, the High Court of Assam and its judges in division courts shall sit at such place in the province as determined by the Chief Justice with the approval of the Governor. This provision has guided the functioning and expansion of the High Court over the years," Saikia added.
Saikia said that the decision was taken after thorough discussions, "In 2022, discussions were also held regarding court infrastructure at Boragaon involving the CJM court. On November 25, 2022, during the third resolution, it was resolved that the Guwahati Bar Council had no objection if the court was shifted. These decisions were taken through due deliberation," he said.
At present, nearly 4,000 to 5,000 practising advocates are associated with the High Court. The existing High Court complex has significant heritage value, including the Chief Justice's official residence. At Rangmahal, a replica of the High Court is proposed, keeping heritage concerns in mind while addressing infrastructure needs.
Questions have been raised about the applicable law, but it is clarified that the matter does not fall under the North Eastern Areas Reorganisation Act 1971 in the manner being suggested. The Gauhati High Court continues to serve Assam, Nagaland, Meghalaya, Manipur, and Tripura, as originally constituted.
There are precedents across India. The Kerala High Court campus faced space and foundation constraints and was expanded with approvals. The Bombay High Court has also expanded and relocated certain functions over time, including in Goa.
The Gauhati High Court has requested the government to act at the earliest possible time and has also expressed gratitude to the government for its cooperation and support.
Concerns have been raised regarding the ongoing and previous dharnas, where political personalities were seen participating. The government has maintained that if any appropriate petition is filed before a court with specific allegations, it will be addressed and countered legally, adding that arguments based on inconvenience are subjective, as a location that may be inconvenient for some could be convenient for others and such reasoning alone cannot determine the suitability of a site.
The government said focus should instead be on available resources and the ability to build proper judicial infrastructure. It said that there is concern that young advocates and the general public are being misled, suggesting the possibility of a nexus with political activities.
During recent ground-level interactions, even the advocates' association claimed they are supporting GHCBA. In response, Saikia stated, with documentary evidence available to substantiate the claim, that the Gauhati Advocate Association are in support.
"In 2022, a decision was taken to move forward with the establishment of an integrated judicial complex, aimed at bringing together various components of the legal system. This initiative reflects the combined efforts and good work of both the Gauhati High Court and the Assam government," said Saikia.
