The Gauhati High Court Bar Association has criticised the government for proceeding with land acquisition for the proposed judicial township without engaging in discussions with the legal fraternity
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The Gauhati High Court Bar Association (GHCBA) has firmly reiterated its opposition to the Assam government's proposal to relocate the Gauhati High Court from its current central location in Uzan Bazar, Guwahati, to Rangmahal in North Guwahati. In an Extra-Ordinary General Body Meeting (EOGM) held on March 19, the association unanimously resolved to abstain from participating in any committee associated with the relocation process, citing a lack of prior consultation and concerns over inadequate infrastructure at the proposed site.
The controversy surrounding the relocation is not new. In June 2023, the GHCBA staged sit-ins opposing the government's plan to shift the High Court to the Rangmahal area in the Kamrup (Rural) district of Assam. The proposed site, located in Amingaon on the northern bank of the Brahmaputra River, is approximately 30 kilometers from the current courthouse. The legal community expressed concerns that relocating the court complex to a remote location would negatively impact their productivity due to increased commute times. They also highlighted that there was no demand from lawyers or the public for such a move and suspected that the decision might not be in public interest.
The EOGM on March 19 was convened following a discussion on March 13 between the Chief Justice, other judges of the High Court, and representatives of the GHCBA, the Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh & Sikkim, and the All Assam Lawyers Association (AALA). The GHCBA expressed dissatisfaction over the lack of prior consultation regarding the relocation decision, emphasising that the legal fraternity is a key stakeholder in the judicial system. The association has formally requested a copy of the Full Court’s resolution on the proposed relocation and demanded an explanation for making such a crucial decision without consulting the legal community.
Furthermore, the GHCBA ratified the Executive Committee's resolution condemning a recent meeting between the Chief Justice, his companion judge, Suman Shyam, and the Chief Minister at the State Guest House in Koinadhara. The Bar expressed strong objections to any discussions on the High Court’s shifting being conducted behind closed doors without transparency. As a mark of protest, the association has resolved to hold a peaceful sit-in on March 24. A requisition by some members requesting a review of the Bar’s opposition to the relocation was also rejected, reaffirming the GHCBA’s firm stance against the move.
The Assam government has proposed the relocation as part of a plan to construct a modern judicial city in North Guwahati, aiming to address infrastructure challenges and provide state-of-the-art facilities for legal proceedings. The government argues that the current location adjacent to the Upper Court faces space constraints, hindering infrastructural development. The envisioned judicial city is intended to enhance access to essential facilities for lawyers and the public, with provisions for advocates’ rooms, seating areas, library facilities, and parking spaces.
However, the GHCBA has refuted these justifications, emphasising that the current High Court building, constructed in 1951, has already undergone expansions to accommodate growing needs. A new annexe building was inaugurated in 2013 at an approximate cost of about Rs. 100 crores to address the requirement for additional space. The association argues that relocating to a remote area lacking adequate infrastructure will significantly impede the efficiency of legal proceedings and adversely affect litigants and legal professionals. They also highlight that the proposed site is yet to have any kind of infrastructure and can currently be reached from Guwahati only by traveling over the Saraighat Bridge, which takes about 30 kilometers of travel, or by ferry service.
The GHCBA has raised significant concerns regarding the accessibility and infrastructure of the proposed site in Rangmahal. The area is currently underdeveloped, lacking essential amenities such as proper roads, public transportation, and basic facilities necessary to support the daily operations of a high court. The association fears that relocating the High Court to such a remote area would substantially impede the efficiency of legal proceedings and adversely affect litigants and legal practitioners.
Additionally, the GHCBA has expressed concerns about the safety and reliability of the infrastructure leading to the proposed site. They highlighted that a new bridge is being constructed over the Brahmaputra River by a company that has faced criticism due to a previous incident where an under-construction bridge over the Ganga River collapsed. This raises apprehensions about the quality and safety of the infrastructure that would connect the new High Court location to the rest of the city.
Meanwhile, a source from PWD speaking to GPlus shared, "At present nothing has been sorted. The infrastructure will need land acquisition for which there will be an eviction drive. Moreover, the fund is yet to be estimated. And the frequent protests are in highlight. So let's see what happens."
A major point of contention is the perceived lack of consultation with key stakeholders in the decision-making process. The GHCBA has criticised the government for proceeding with land acquisition for the proposed judicial township without engaging in discussions with the legal fraternity. The association emphasised that such unilateral actions undermine the collaborative approach necessary for decisions that have far-reaching implications on the judiciary and the public. They have demanded an immediate cessation of the project in the interest of all stakeholders and the public at large.
In response to the government's actions, the GHCBA has planned a series of protests to voice their dissent. They have also announced plans to escalate their opposition to the highest echelons of the judiciary and executive, seeking immediate consultations with the Chief Minister and the Chief Justice to present their case against the relocation.
