SC stays Uttarakhand HC order on shifting court premises out of Nainital

A Vacation Bench froze a May 8 order of the High Court directing the State government to find a suitable site outside Nainital for relocation

Updated - May 25, 2024 04:53 am IST

Published - May 24, 2024 11:25 pm IST - NEW DELHI

A view of fog-covered mountains in Nainital. File

A view of fog-covered mountains in Nainital. File | Photo Credit: PTI

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.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.