The proposed Circuit Bench of the Calcutta High Court in North Bengal, the agitation for which had started over two decades back, is yet to see the light of the day. Ironically, the proposal for Madurai Bench of Madras High Court had been cleared by Parliament at the same time which has completed two and half years of functioning in the meanwhile.
In the early 90’s the debate was in which city the Circuit Bench would be set up: Siliguri or Jalpaiguri. When that was sealed in favour of Jalpaiguri, infrastrucure seems to have dragged the matter for so long. As a result, the people of the six districts that comprise North Bengal have to still take the long journey to Kolkata.
Debaprasad Roy, Member of Legislative Assembly, West Bengal, from Jalpaiguri constituency, said, “The High Court had suo motu instituted a contempt of court case against the agitators. Some agitators and officials of the law enforcing agencies were handed out six-month jail term which was stayed by the Supreme Court. Now, three people from Siliguri have filed a writ petition demanding concurrent jurisdiction for the Circuit Bench. The High Court full court has decided to dispose the writ petition first and then decide on the Circuit Bench case.” If the demand for concurrent jurisdiction is accepted by the High Court, the people of North Bengal will have the option of moving either the Circuit Bench or the High Court in Kolkata. “This is an idea nowhere practised in India,” said Roy.
Rabilal Maitra, West Bengal law minister, said, “We have set up the infrastructure. We feel it is sufficiant but will make changes as per the HC’s demands. They have not yet said that the infrastructure is insufficient. We hope the Circuit Bench will be opened very soon. They have inspected the site but may repeat it.” The High Court has fixed February 28 as the date for the next hearing for the writ petition. The court has also asked the state government to file an affidavit about the infrastructure available at Jalpaiguri by that date.
Roy now plans to meet the new chief justice of Calcutta High Court to move things faster. Maitra, meanwhile, wants to see the Circuit Bench as a permanent bench of the high court some day. Only, the beginning is delayed.
