Bhubaneswar, March 14: Lack of a clear consensus over the location of permanent or circuit benches of Orissa High Court has put chief minister Naveen Patnaik in a quandary.
The Assembly, too, stood divided in the matter today, especially the Opposition and treasury.
While Congress leader Narasingh Mishra presented a strong case for Bolangir, JMM leader Bimal Lochan Das voted for Baripada and CPI member N. Narayan Reddy voted for Berhampur. BJD MLA Ramesh Chandra Chyaupatnaik supported Reddy in his call, while BJP legislator Draupadi Murmu supported a rival party JMM’s call for Baripada. BJD’s Jogendra Behera backed Congress for Bolangir.
“There was no unanimity,” confessed a confused Naveen. Replying to a debate on an Opposition-sponsored adjournment motion, Naveen conceded representations were received from 12-odd Bar associations for permanent benches in their areas.
In view of competing demands, the government has appointed a commission, headed by retired judge Justice C.R. Pal, to study and come up with recommendations.
Deputy leader of the Opposition and former law minister Narasingha Mishra said the government had not followed procedure and suggested that the Pal Commission be withdrawn since the Jaswant Singh Commission, appointed by the Centre, had laid down criteria in the matter.
“Take a cabinet decision, then seek permission from the high court and move the Centre with all justifications,” Mishra suggested.
The commission would study constitutional provisions for establishment of permanent or circuit benches in the state, other than the principal seat. Besides, it will analyse the demands made by the different associations in order to understand the feasibility of the demand.
Refuting an Opposition allegation that blamed him of “inaction”, the chief minister said he discussed the matter with different delegations of Bar associations.
The chief minister had also written to Chief Justice to consider the demand. However, the Chief Justice had replied that a full bench of the high court had rejected the demand.
OUR CORRESPONDENT The Telegraph
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- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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