The Supreme Court on May 24 stayed an order of the Uttarakhand High Court to shift the court premises out of tourist hotspot Nainital.
A Vacation Bench headed by Justice P.S. Narasimha froze a May 8 order of the High Court directing the State government to find a suitable site outside Nainital where it could be relocated.
“There shall be a stay of the order till the next date of hearing. List immediately after the ensuing summer vacation,” the Bench, also comprising Justice Sanjay Karol, ordered.
The order came on a petition filed by the Uttarakhand High Court Bar Association, represented by senior advocate P.B. Suresh and advocates Vinod Khanna, Vipin Nair, Karthik Jayashankar, Ayush Negi, Kartikeya Hari Gupta, Dinesh Rawat and B.D. Pande.
Mr. Suresh argued that shifting the principal seat of the High Court had the effect of interdicting a Presidential order, which had already established it at Nainital.
“It is only the Parliament or the Central government which can decide on the establishment of a Principal Bench, and not the High Court,” Mr. Suresh submitted.
Solicitor General Tushar Mehta, appearing for the State, agreed with the High Court Bar Association’s submissions.
The Uttarakhand High Court had earlier rejected the allocation of land for the High Court at Haldwani by the State. The High Court had been of the view that the interests of the public and litigants would be better served if the High Court was shifted out of tourist-centric Nainital.
The High Court in its May 8 order had ordered the State to identify land for the establishment of the High Court, residential accommodation for judges, judicial officers, staff, court rooms, conference hall, chambers for at least 7,000 lawyers, canteen and a parking space.
The Chief Secretary was asked to complete the exercise within a month and submit a report by June 7.
