Access to Justice in Question: Demand for Gauhati High Court Bench in Barak Valley
A renewed call for establishing a Circuit or Permanent Bench of the Gauhati High Court in the Barak Valley has been echoed, emphasizing the challenges faced by litigants and legal professionals due to the distance and poor connectivity with the court's principal seat in Guwahati.
Logistical Challenges and Access to Justice
Senior advocate Dharmananda Deb, of the Silchar Bar, has submitted a representation to the Chief Justice of India, the Chief Justice of the Gauhati High Court, and the Government of Assam, highlighting the difficulties faced by the Barak Valley's residents, which are approximately 350 kilometers away from Guwahati. The representation stressed that these logistical challenges have a direct impact on access to justice, particularly for economically weaker sections.
Statutory Provisions and Precedents
Deb also referred to existing statutory provisions that enable the establishment of High Court benches away from the principal seat. Citing the North Eastern Areas (Reorganisation) Act, 1971, and the States Reorganisation Act, 1956, he noted that the legal framework already provides for decentralization of High Court functioning in geographically vast or difficult regions.
The representation also cited examples of successful High Court benches operating outside principal seats in various parts of the country, such as Madurai in Tamil Nadu, Jaipur in Rajasthan, Siliguri in West Bengal, and Hubballi in Karnataka.
Implications for North East Region and Assam
If established, a Gauhati High Court Bench in the Barak Valley would not only alleviate hardships for litigants and lawyers from southern Assam but also help decongest the principal seat at Guwahati, thereby strengthening overall access to justice in the state. This could have a positive impact on the North East region as a whole, where access to legal services remains a significant challenge.
Moving Forward
The renewed demand for a Gauhati High Court Bench in the Barak Valley underscores the need for improved access to justice in remote regions. The Assam government should revisit the proposal and seek the Gauhati High Court's concurrence at the earliest, with the aim of enhancing the efficiency and affordability of the justice delivery system in the region.