Demand for High Court Bench in Barak Valley Grows Amid Access Issues

Call for a Permanent High Court Bench in Barak Valley

On January 15, in Silchar, a formal request has been made for the creation of a Circuit or Permanent Bench of the Gauhati High Court in the Barak Valley. This demand arises from the ongoing difficulties faced by both litigants and legal professionals due to the considerable distance and unreliable transport links to the court's main location in Guwahati.

Senior advocate Dharmananda Deb from the Silchar Bar has presented a comprehensive appeal to the Chief Justice of India, the Chief Justice of the Gauhati High Court, and the Assam government, urging them to revisit this long-standing request.

Deb emphasized that the Barak Valley is situated approximately 350 kilometers from Guwahati, with frequent disruptions in road and rail services caused by floods and landslides, making access to the High Court both challenging and costly.

He noted that these logistical hurdles significantly affect access to justice, especially for those from economically disadvantaged backgrounds.

The absence of a High Court Bench has severely limited the ability to file writ petitions, public interest litigations, and urgent constitutional matters, which undermines the constitutional right to timely and affordable justice, as stated in the representation.

The senior advocate also pointed out existing legal provisions that allow for the establishment of High Court benches away from the main seat.

Referencing the North Eastern Areas (Reorganisation) Act of 1971 and the States’ Reorganisation Act of 1956, Deb highlighted that the legal framework supports the decentralization of High Court operations in regions that are geographically extensive or challenging.

He recalled that in 2014, the Assam government had approached the Gauhati High Court regarding the establishment of a Bench in the Barak Valley, but the proposal was postponed.

Deb contended that the situation has evolved significantly over the last decade, with notable demographic growth, an increase in litigation, and enhancements in administrative and judicial infrastructure in the area.

The appeal also referenced successful examples from other regions in India where High Court benches operate effectively outside their principal seats, such as Madurai in Tamil Nadu, Jaipur in Rajasthan, Siliguri in West Bengal, and Hubballi in Karnataka.

According to the representation, these instances illustrate how decentralized benches have alleviated case backlogs, lowered costs for litigants, and bolstered public trust in the justice system.

The representation urged the state government to renew the proposal and seek the Gauhati High Court's agreement promptly.

It asserted that establishing a Bench in the Barak Valley would not only alleviate the burdens faced by litigants and lawyers from southern Assam but also help reduce congestion at the principal seat in Guwahati, thereby enhancing overall access to justice in the state.