Bifurcation of HC building not feasible, state told

New Delhi, July 25
The Centre has rejected Haryana’s proposal for setting up a separate high court for the state by bifurcating the existing building and staff of the Punjab and Haryana High Court. The Law Ministry has taken the decision in the light of views expressed by the Punjab and Haryana High Court Chief Justice.

“Keeping in mind the layout and structure of the building and the pattern of establishment, the bifurcation of the existing (HC) building, ministerial staff and administrative offices will not be feasible,” according to the Chief Justice.

The Judge has, however, clarified that a separate HC for Haryana may be formed, if so desired, only after setting up the entire infrastructure for running the HC at any other place that may be chosen by the state.

The Judge expressed his views in response to Haryana’s proposal that had been referred to him by the Centre. Law Minister M Veerappa Moily gave this information in Parliament on Thursday.

“The Government of Haryana was intimated that the suggestion for bifurcation of the existing building and staff was not practicable in view of the existence of the Chandigarh Administration,” he said in a written reply. The minister did not explain what he meant by the “existence of the Chandigarh Administration”.

The Haryana Assembly had unanimously passed a resolution in 2005, demanding a separate HC for the state. The state government had suggested that, to begin with, the present HC complex in Chandigarh should be bifurcated into two separate HCs, one for Punjab and the other for Haryana.

The state had sought 40 per cent of the building, ministerial staff and administrative functionaries along with the judges appointed from the Haryana quota.

Moily’s statement has come just a week after Chief Minister Bhupinder Singh Hooda had expressed the hope that Haryana would soon have its own HC in Chandigarh. At a meet-the-press programme organised on the 29th foundation day of the Chandigarh Press Club on July 15, Hooda also said that his state had a legitimate right to have its own HC.

The Chief Minister said he had met Prime Minister Manmohan Singh and Moily in this regard .

Hooda demands separate HC for state
New Delhi, April 19
Months after the union government cold shou- ldered the claim of Haryana to have its own independent high court, Haryana Chief Minister Bhupinder Singh Hooda today raised a fresh demand saying that it is constitutional right of state to have its own high court.
Haryana Chief Minister Bhupinder Singh Hooda shakes hands with Chief Justice of India K.G. Balakrishnan at a conference of Chief Ministers and Chief Justices of the high courts in New Delhi on Saturday.

http://www.tribuneindia.com/2009/20090621/main6.htm

Chandigarh, June 20
Restoration of the post of the Chief Commissioner for Chandigarh, separate Haryana High Court besides a green airport in Jhajjar, second link canal between Ravi and Beas and Rs 100 crore special grant to Hisar Agricultural University were some of the major issues that Haryana Chief Minister Bhupinder Singh Hooda discussed with Prime Minister Dr Manmohan Singh in the union capital today.

The meeting assumed special significance not only because some of the controversial demands, including those pertaining to the future of Chandigarh and Punjab rivers waters, were prominently highlighted but also in view of the coming Assembly elections in the state.

Eyeing second term in office, Hooda also raised a demand for a special grant of Rs 100 crore for CSS Agricultural University in Hisar. A similar Rs 100 cr package was given to Punjab Agricultural University, Ludhiana, by the UPA government some years ago.

Seeking personal intervention of the Prime Minister to settle long standing demands of the state, Hooda said the Haryana Vidhan Sabha had passed a resolution demanding a separate High Court for Haryana to be located in Chandigarh. The Union Ministry of Law and Justice had also been requested to initiate this process on a top priority to meet the aspiration of the people of Haryana.

The Haryana Chief Minister held that since 1984, the Governor of Punjab had been heading the Chandigarh Administration and the existing system had certainly tilted in the favour of Punjab. He said either the pre-1984 arrangement should be restored or the office of the administrator, Chandigarh, should be held in rotation by the Governors of Punjab and Haryana.

Hooda sought modification of the Rajiv Gandhi Grameen Vidyutikaran Yojna (RGGVY), expeditious execution of the Delhi-Faridabad Metro Project and funding of projects proposed in the Haryana sub-region of NCR.

He wanted the NTPC-BHEL power project in Haryana for manufacturing heavy electrical equipment at an investment of about Rs 6,000 crore. The state government has already identified land for the proposed project.

Demanding clearance of Greenfield Airport in Jhajjar, Hooda said the state government had identified unencumbered land measuring 4,500 acres in close proximity to New Delhi with excellent connectivity via the upcoming Western Expressway.

Hooda also demanded second link between Ravi and Beas by proposing an 85 km-long link canal. The cost of barrage and link canal is estimated to be Rs 734 crore and will transfer on an average 1.85 MAF water to Harike Barrage.

http://in.jagran.yahoo.com/news/local/haryana/4_6_5532824.html

हरियाणा विधानसभा के अध्यक्ष एवं बेरी हलके के विधायक डा.रघुवीर सिंह कादियान ने प्रदेश में एक पृथक उच्च न्यायालय की आवश्यकता पर प्रकाश डालते हुए कहा कि यह तीव्र न्याय प्रदान करने में सहायक हो सकता है इसलिए प्रत्येक राज्य का स्वतंत्र उच्च न्यायालय होना चाहिए। डा.कादियान वियतनाम के हनोई में आयोजित इंटरनेशनल एसोसिएशन आफ डैमोक्रेटिक लायर की 17वीं कांग्रेस में न्यायपालिका की स्वतंत्रता विषय पर बोल रहे थे। उन्होंने कहा कि प्रत्येक राज्य का एक पृथक उच्च न्यायालय होना संवैधानिक दायित्व है। समस्त न्यायपालिका को जिम्मेवार और लोगों के प्रति जवाब देय होना चाहिए जो न्यायिक प्रणाली को सुदृढ़ करने की ओर एक सार्थक कदम होगा। उन्होंने कहा कि हम सब के लिए न्यायपालिका की स्वतंत्रता महत्वपूर्ण है और न्याय तक पहुंचना इसका दूसरा महत्वपूर्ण पहलू है। निर्धन और

जरूरतमंद लोगों के लिए वास्तविक खर्च पर न्याय की व्यवस्था करना एक अन्य कारण है जो न्यायपालिका की स्वतंत्रता में विश्वास दिलाएगा। उन्होंने कहा कि तत्काल न्याय उपलब्ध करवाना आवश्यकता तथा मांग है। यह हमेशा कहा जाता है कि देरी से न्याय मिलना, न्याय से वंचित करना है। तत्काल न्याय प्रदान करना हमेशा

न्याय प्रणाली तथा संसदीय प्रजातंत्र को मजबूत करने की ओर एक कदम है। हरियाणा सरकार ने दूरदराज के गांव के लिए मोबाइल कोर्ट तथा लोक अदालतें आरंभ की है।

Hooda demands separate HC for state

http://www.tribuneindia.com/2008/20080420/haryana.htm#1

New Delhi, April 19
Months after the union government cold shouldered the claim of Haryana to have its own independent high court, Haryana Chief Minister Bhupinder Singh Hooda today raised a fresh demand saying that it is the constitutional right of the state to have its own high court.

At present Punjab and Haryana have a common high court based in Chandigarh. Hooda made the fresh demand to Prime Minister Dr Manmohan Singh at the conference of Chief Ministers of states and Chief Justices of high courts.

The Chief Minister pointed out that even states created much after Haryana like Jharkhand, Chattisgarh and Uttarakhand have their own high courts.

Haryana could easily get its high court by bifurcating the existing premises in Chandigarh, the staff and the judges between Punjab and Haryana in the ratio of 60:40. He pointed out that the civil secretariat and the legislative building were already being shared by both Punjab and Haryana in the same ratio with each having their own entities since 1966.

With the establishment of a separate high court for Haryana, not only would the aspirations of the people of Haryana be met, but also the judicial system in the state would be further strengthened, claimed Hooda.

Hooda urged the central government to look into the aspect of the introduction of a shift system in courts to ensure speedy justice. There is presently some hesitation to introduce this. The state government was in the process of reviewing all existing state legislations and procedural codes to assess their present day relevance and efficacy and bring in necessary changes where required.

He said while realising the importance of modern, integrated infrastructure, Haryana had taken up the construction of modern judicial complexes in a big way. The state government was ensuring that no post of judicial officer was left vacant. The government had created 66 new posts during the last year.

He pointed out that the dangers and inconvenience of taking undertrials to courts for hearings was increasing day by day. Haryana had, therefore, embarked on an ambitious project of video conferencing, costing about Rs 8.24 crore.

The state’s plan was to link and have video conferencing facilities in 40 courts and 25 jails across the state and these were likely to be made operational within the next six months. In order to make video conferencing operational and legal, in the eyes of law, he said the Indian Evidence Act and the Criminal Procedure Code would have to be amended appropriately.

Hooda suggested that the Indian Evidence Act might be amended to make scientific evidence, as substantive evidence instead of opinion evidence.