A Division Bench of the Hyderabad High Court comprising Chief Justice Kalyanjyothi Sengupta and Justice P.V.Sanjay Kumar on Monday said that it will ‘adjudicate’ the issue of separate High Courts for Telangana and Andhra Pradesh and give appropriate directions in the light of provisions of the AP Reorganisation Act, the letters written by the Union minister of Law and both the State governments. The case is listed for further hearing on Thursday. Two senior advocates, one each from the two States have been asked to assist the court on the issue.
The Bench was dealing with a case filed by T. Dhangopal Rao saying that there was inordinate delay in formation of separate high courts for Telangana and A.P and also sought responses from both the State governments. K.RamaKrishna Reddy, Advocate General for Telangana said the State government had written to the Centre about the availability of space in another building so that the Telangana High Court could function separately. He said the Union minister of Law had written to Chief Justice of India and Chief Justice of the present common High Court at Hyderabad requesting them to take steps in this regard. He placed the letters before the Bench.
The Bench said that it needs careful deliberation and pointed out that the AP Reorganisation Act specifically says that till a separate high court for AP is formed, the present high curt will continue to be the common high court for both the States. The process of bifurcation starts with the formation of separate HC for AP, the Bench said.
The Bench also wanted to know whether Union Law Minister’s letter seeking separate Telangana HC immediately was in tune with the provisions of the Reorganisation Act or not. While commenting that nothing was impossible if correct steps were taken, the Bench maintained that it was not expressing any opinion now.
D.Srinivas, Additional Advocate General, of AP said that the AP government had already intimated that it was ready for a separate high court. The Bench asked both States to file counter affidavits making their stand clear on the issue. The Bench asked E. Manohar , former advocate general of undivided AP to assist the court. G.Vidyasagar, senior counsel was also asked to assist the court as amicus curie. The Bench said that from Thursday onwards, it will start hearing the arguments on the subject on a day-to-day basis and give the issue finality. The Bench added that it was not expecting any agitation over the subject which is likely to affect the adjudication.
The Bezawada Bar Association (BBA) has passed a unanimous resolution for boycott of duties by advocates for a week from Monday as part of their agitation for establishment of High Court in Andhra Pradesh.
It demanded that the High Court of Andhra Pradesh should preferably start functioning in the Capital region as and when the High Court of Judicature at Hyderabad and Andhra Pradesh Bar Council are bifurcated. Like most other High Courts are situated in the State Capitals, the High Court of AP should also be set up around Vijayawada and Guntur where the Legislative Assembly and Secretariat will be coming up, BBA members said at the general body meeting held at the Civil Courts here on Monday.
Addressing the gathering, senior advocate K. Rammohan Rao said it was imperative that the HC should be established in A.P. for delivering justice at the doorsteps of people instead of retaining the separate HC in Hyderabad.
