NEW DELHI, JULY 29: The BJP-led government's move to do a good turn to its constituency has hit a roadblock, thanks to a Supreme Court ruling tearing apart claims for a new High Court bench in northern Karnataka. The apex court observed that the question of the establishment of a High Court bench away from the principal seat could not be decided on emotional, sentimental or parochial considerations.The BJP had its eyes on the credit that could have comes its way had the High Court bench in Hubli, located in the party's stronghold, had become a reality. Lawyers, backed by the party, have been boycotting courts in the region for over a month now demanding that a bench be set up. They approached the Supreme Court which, earlier this week, dismissed their petition and upheld the view of the Karnataka High Court against a new bench.In June this year, the High Court had summarily dismissed the demand in a report which a five-judge committee gave. It concluded that a bench at Hubli was not feasible, among other things, due to the decreasing number of cases from the region.The Supreme Court order came at a time when the Centre had begun to take a serious look at the possibility of setting up a High Court bench at Hubli after some hectic lobbying by the state BJP. In fact, an all-party delegation led by Chief Minister S.M. Krishna had also called on Prime Minister Atal Behari Vajpayee. Though it would not have been easy for the Centre to concede to the demand even before the apex court pronouncement, it is now all the more difficult.In its order, the apex court fully backed the Karnataka High Court. ``The high court is the best suited machinery to decide whether it is necessary and feasible to have a bench outside the principal seat of that high court. If the high court does not favour such establishment it is pernicious to dissect a high court into different regions on the ground of political or other considerations,'' it observed.About the distance (from places in northern Karnataka to Bangalore, the seat of the high court) factor being a key consideration for the establishment of other benches of the high courts, the judges noted, ``The distance from Kanyakumari to New Delhi is not the decisive consideration for establishment of the national capital nor the venue of the apex court.''Given the categorical rejection of the demand, the BJP, far from deriving any political mileage, may have to actually face flak. Since the Congress government in the state has done its job by adopting a resolution in the Assembly, it can safely pass the buck on to the Centre. The agitation in which not only lawyers but also other sections of society are actively participating has time and again taken a violent turn and the BJP has so far not given a call to stop it. The BJP will be as much as responsible as the state government if the lawyers continue their agitation and boycott of courts.
