Ramakanta Biswas

In a major blow to the ongoing movement for a permanent bench of Orissa High Court in western Odisha, the Supreme Court on Wednesday ruled out any possibility for its formation. The apex court came down heavily on the lawyers protesting over the demand.

A bench comprising Justices SK Kaul and Abhay S Oka passed the order while hearing a plea relating to protests by lawyers in the State demanding a permanent High Court bench in Sambalpur district.

During the hearing, Odisha director general of police (DGP) and Sambalpur IGP appeared before the apex court virtually.  

“There is no question of setting up Benches. The passage of time and use of technology has made the demands obsolete. The use of technology is quite widespread now and monitored by the Orissa HC. No need for additional bench exits,” the bench said. 

The court further said that the shifting or creation of HC benches cannot be done with such whimsical demands.

The bench hit out at the lawyers protesting over the demand and said, “We condemn the conduct of striking lawyers by who burnt an effigy...the police should have effected preventive arrest and such people should have been in custody for some time at least....We have put the burden on the police authorities to treat criminals like criminals.”  

“There is no hope for formation of a bench. Even if there was some possibility, that is lost now with their conduct,” the bench added. 

The court also noted that the demand for setting up of benches is not only from Sambalpur as there are counter demands of Bhubaneswar Bar Association that the HC be shifted to Bhubaneswar.

“It cannot be done by such whimsical demands. We are putting this in the order to foreclose the issues,” the court said. 
The court observed that it was an abject failure of the police in handling the lawyers’ strike. 

“We have little doubt that this is abject failure of police. They IGP and DGP have assured us that what has happened will not happen again and they take personal responsibility that complete peace is maintained,” the top court added.

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