Click to play videoNew Delhi: Slogans and marches are not a new sight in Kerala. This time it’s not the politicians, but the legal fraternity that has taken to the streets.
The lawyers in Thiruvananthapuram are on an indefinite hunger strike to demand a bench of the Kerala High Court in the state capital. The High Court is situated in Kochi (Cochin). Adding weight to the lawyers’ demands are some practical considerations.
“The state government has been losing one case after another because no top ranking official takes the pain of going all the way to Cochin to fight cases. A high court bench in Trivandrum will only help the stat,” President Thiruvananthapuram Bar Association C K Sitaram says.
According to the law, the President of India can establish a permanent bench of the High Court, after consulting the state Governor and the High Court Chief Justice.
Yet in Kerala, previous efforts have been shot down by successive Chief Justices.
“At this time a high bench in Trivandrum is not feasible. This was discussed before also and even former CJs had reached the same conclusion,” Chief Justice of Kerala HL Dattu says.
But senior lawyers contend that establishing a High Court bench is a purely legislative process and the CJ has no powers to deny permission.
“Here, technically speaking, the CJ says he won’t agree, but as a matter of fact the CJ has no authority to say it’s not possible,” a senior lawyer CG Govindan Nair says.
After boycotting courts for a day last week, the agitating lawyers are planning to take up the issue with the Centre. They even want Chief Justice HL Dattu to be transferred. MPs from Kerala also plan to raise the issue in Parliament. Clearly, the court row is only set to get intensified.
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