The Supreme Court has dismissed a challenge to the creation of a circuit bench of the Bombay High Court in Kolhapur, upholding the August 1 notification. (PTI Photo)
The Supreme Court on Thursday dismissed a petition challenging the decision to set up a Circuit Bench of the Bombay High Court in Kolhapur.
Dismissing the plea by Ranjeet Baburao Nimbalkar, a lawyer, a Bench of Justices Aravind Kumar and N V Anjaria said the decision “was in consonance with the Constitutional vision of bringing justice to all.”
The plea challenged the notification issued by the Bombay High Court under Section 51(3) of the States Reorganisation Act, 1956, on August 1 for the creation of the Bench.
The provision says that the judges and division courts of the High Court for a new state may also sit at such other place or places in that state as the Chief Justice may, with the approval of the Governor, appoint.
Upholding the notification, the SC said, “There is no material to suggest that the Chief Justice acted unilaterally in disregard of the institutional inputs and relevant considerations. Even assuming that the consultative process would not conform to the petitioner’s expectations, this circumstance by itself would not vitiate the exercise of power under Section 51(3).”
“The establishment of the Kolhapur bench is in consonance with the constitutional vision of bringing justice closer to the people and it does not infringe Article 21 in any manner. The decision facilitates access to justice for litigants from a region which is geographically distant from the principal seat of the High Court. The Constitution does not envisage a single model for judicial administration. It permits institutional discretion to be exercised within the framework of law to meet practical and geographical needs,” the bench observed.
The Circuit Bench in Kolhapur was inaugurated by former Chief Justice of India B R Gavai on August 17.
The bench will have jurisdiction of six districts, including Kolhapur, Solapur, Sangli, Satara, Ratnagiri, and Sindhudurg.