RADHA KETCHAP Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application was filed by the petitioner, a social worker belonging to a schedule tribe community, as a public interest litigation. Initially a prayer was made for setting up a permanent High Court Bench for the Union Territory of Andaman and Nicobar Islands at Port Blair. As and when a preliminary objection was raised on behalf of the respondents that it was beyond the competence of this Court to give a mandate on the respondents for creation of an independent permanent High Court Bench in the manner prayed for, and particular attention of the Court was drawn to Art. 214 of the Constitution "that there shall be a High Court for each State" and Andaman and Nicobar Islands was not a State but merely a Union Territory, the Ld. Advocate for the petitioner in this perspective prayed for an amendment of the writ application and suggested that the writ petitioner would be satisfied if instead of a permanent High Court Bench, a permanent Circuit Bench is created at Port Blair.

(2.) The proposed amendment was carried into effect and now prayer is confined to creation of a permanent Circuit Bench at Port Blair.

(3.) This Court appointed Mr. S. C. Bose, Senior Advocate and Miss. Shyamali Ganguly, Advocate as amicus curiae to assist the Court.