Prabha Shankar Mishra,.J. - (1.) The instant appeal under Clause 15 of the Letters Patent and the application for stay therein have arisen from the judgment of the learned single Judge in CO. No. 22,387 (W) of 1995.
(2.) Two writ petitions, one filed by the Darjeeling Bar Association and others on the Original Side and the other filed by the Siliguri Bar Association and others on the Appellate Side of the Court have been heard together and disposed of by a common judgment by a learned single Judge of this Court.
(3.) It appears from the narration of the facts of the case in the impugned judgment as well as the contentions of the learned Advocate for the Appellants herein that a proposal has been mooted for the establishment of a circuit Bench of the Calcutta High Court in North Bengal. Darjeeling Bar Association as well as Siliguri Bar Association having come to know of the move to establish a circuit Bench of the High Court in North Bengal at Jalpaiguri at some stage of the process of consultation made demands staking claim for such a Bench at their respective headquarters and not in the district of Jalpaiguri. It seems some representations started coming to the Chief Justice of the Court and the Chief Justice of India, the Government of the State and the Central Government and finally, the two writ petitions came up questioning the process by which it was proposed to have a circuit or permanent Bench in the district of Jalpaiguri. All relevant contentions and such facts which the learned single Judge has thought are necessary are stated in the impugned judgment. However, learned single Judge has concluded against the Petitioners' proceedings in the writ petitions holding as follows: ...What is revealed from the above facts is that neither the Chief Minister nor the Chief Justice acted unilaterally in the matter of their own accord, but on the basis of repeated requests made by the Central Government through the Ministry of Law, Justice and Company Affairs to suggest the location of the proposed Circuit Bench, since there was general agreement regarding the need to set up such a Bench for the Northern districts of West Bengal. It cannot, therefore, be said, as urged on behalf of the Siliguri Bar Association, that the constitution of the Judges' Committee and the report submitted by it, was without jurisdiction. Having regard to Entry-78 of List-I of Schedule VII to the Constitution there can be no room for doubt that it is the Parliament alone which can legislate with regard to the establishment of the proposed Circuit Bench and it is the Central Government which can take a final decision as to its location. But there is nothing to prevent the Central Government from asking for and acting on the advice of the State authorities, who would be more familiar with local conditions, including geo-graphical considerations, and would be required to provide the infrastructural facilities and arrange for the day to day administration of the Courts to be set up. In fact, it would be quite logical and in the fitness of things for the Central Government to request the State authorities to suggest the location of the proposed Circuit Bench after which a final decision could be taken by the Central Government in that regard. The Central Government is not bound to accept the recommendations made by the State authorities, but it would be prudent on its part to obtain the views of the State authorities before taking a decision in the matter. In the perspective of the facts as narrated hereinbefore, I am unable to accept the submissions made on behalf of the Siliguri Bar Association that the report of the Judges' Committee and the recommendations made thereon cannot be taken into consideration by the Central Government while deciding upon the location of the proposal Circuit Bench for North Bengal. As to the submissions made on behalf of the Darjeeling Bar Association that its members had not been consulted by the Judges' Committee for the purpose of making its report, an explanation has been provided for in the report itself. It has been indicated in the report that the Special Committee would visit Jalpaiguri and Siliguri only, inasmuch as, the other districts of North Bengal had opted for either of the two places. It may also be mentioned at this juncture that in making its report, the Judges' Committee appears to have taken into consideration the recommendations and suggestions of the Jaswant Singh Commission's report. I am inclined to agree with Mr. Kanan Ghosh's submissions that the entire matter is only at a fact finding stage and till a final decision is taken in the matter, the writ Petitioners in both the writ applications cannot have an actionable grievance. Moreover, whether it will act on the recommendations of the State authorities, including the High Court, is for the Union Government to decide. It is also for the Union Government to decide as to whether a Circuit or permanent Bench of the High Court for North Bengal should at all be set up and also decide on its location and no mandatory direction can be given to it by the Court in that regard. I, therefore, find no reason to interfere with the process initiated by the Union Government for establishing the Circuit or Permanent Bench of the Calcutta High Court in North Bengal, in keeping with Entry-78 of List-I of Schedule VII to the Constitution, which, in my view, includes the constitution of the Judges' Committee by the Chief Justice for recommending the venue for establishing such Bench, at the request of the Chief Minister of West Bengal. The two writ applications are, accordingly, disposed of with the aforesaid observations. Since it is really for the Union Government to make a decision in the matter, it is hoped that the Union Government will take such decision at an early date so that the matter is resolved once and for all.;