Telangana Advocates on Relay Fast for HC Division

HYDERABAD: With no progress in the process of bifurcation of the Andhra Pradesh High Court, which came to be known as High Court of Judicature at Hyderabad for the states of Andhra Pradesh and Telangana from June 2, the advocates of Telangana JAC have taken to relay hunger strike in front of the High Court on Tuesday. They also boycotted their duties at lower courts and in districts on Monday and Tuesday.

When Hyderabad MP Asaduddin Owaisi put forward a question to the minister of law and justice Ravi Shankar Prasad regarding the demand for a separate High Court and whether the Centre proposes to set up a separate High Court for ensuring smooth and speedy justice to the people of two states, Prasad responded by saying that AP Reorganisation Act 2014 provides that two states shall have a separate high court after a separate High Court is constituted for Andhra Pradesh.

“The matter has been taken up with the Supreme Court of India to initiate the process of setting up of a new High Court including fixation of judges strength for both the High Courts, distribution of existing judges and location of the new High Court for Andhra Pradesh,” he replied in the Parliament on Tuesday.

Not satisfied with the developments, members of the Telangana Advocates JAC said the relay hunger strike would continue till separate High Court is constituted. Advocates of Seemandhra JAC have also extended their support noting that bifurcation of High Court was the need of the hour.

“The Central government can at least notify a certain date for constitution of High Court of AP. When the chief justice has said that he has no role to play, why is the government not issuing the notification?” Gandra Mohan Rao, joint convener of Telangana Advocates JAC asked.

According to him, the government of Andhra Pradesh was still controlling the High Court of Judicature at Hyderabad for the states of Andhra Pradesh and Telangana. “Twenty three of the 30 High Court judges and 75 per cent staff and advocates belong to Andhra,” he said adding “if any decision by Telangana government is contested in the High Court and matter goes to a judge from Seemandhra, there are chances of discrimination. Why should we give chances for unnecessary allegations on the judiciary?” he asked.

Bar council member and senior advocate of Seemandhra JAC, K Chidambaram echoed similar views. “Since the state stands separated, it is better to have separate High Courts as early as possible. We met chief minister Chandrababu Naidu with the same request,” he said.

As per Section 30 of the AP Re-organisation Act, the existing High Court shall remain common for both states from June 2, till separated under Article 214 of the Constitution. “Centre has to recommend to the Supreme Court.

It is for the Supreme Court to constitute a separate High Court under Section 214 of Constitution and later for the President to notify the same,” he said.

However, he demanded that the Bar Council too be immediately divided. “Amendment of Section 3 of the Advocates Act under Section 34(1) of AP Re-organisation Act meant that a separate bar council for Telangana came into existence as on June 2. Telangana advocates are not agreeing to it. So, we demand that bar council too is separated soon,” Chidambaram said.

Source: The New Indian Express

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