The Hindu : Tamil Nadu News : Presidential notification enough: Madurai lawyers

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Saturday, Jul 17, 2004

Tamil Nadu

Tamil Nadu

Presidential notification enough: Madurai lawyers

By Our Staff Reporter

MADURAI, JULY 16. The Presidential notification alone is sufficient for establishing the Madras High Court Bench here, the Madurai High Court Advocates' Association (MAHAA) said today.

Disputing the stand of the Madras High Advocates' Association that an Act of Parliament was essential for setting up the Bench, the MAHAA secretary, K.P. Thiyagarajan, said Tamil Nadu was a "new State" as classified under Section 51 (2) of the States Reorganisation Act, 1956, which provided for creation of a Bench of the High Court with a Presidential notification.

Briefing presspersons here, he said the High Court would cover more litigant public under its territorial jurisdiction. Moreover, it would have many tribunals such as the Central Administrative Tribunal, the Tamil Nadu Administrative Tribunal and the Income Tax Tribunal. The number of revenue districts should not be considered a parameter for assessing the volume of cases and the territorial coverage of the Madurai Bench.

The Jaswant Singh Commission report, which was approved by the full court (of the Madras High Court) and the Madras Bar Association, recommended seven districts for the Madurai Bench and the retention of nine districts with the High Court. The number of revenue districts increased to 16 in the south following bifurcation and trifurcation. "However, the area of coverage remains the same. The Madras High Court still enjoys a wider territory in terms of area and population," said Mr. Thiyagarajan.

The number of parliamentary constituencies under the purview of the Madras High Court would be 22 and of the Madurai Bench 17. The total electorate in the jurisdiction of the Madras High Court would be more by at least one crore.

"When the Jaswant Singh Commission's recommendations were not questioned for nearly two decades, why is a section of lawyers raising the banner of revolt at a time when the Madurai Bench is all set for inauguration," asked Mr. Thiyagarajan.

There was a huge pendency of cases from the southern districts as the litigants could not pursue the proceedings at regular intervals. "When the Central and State Governments are keen on decentralisation of power, why oppose decentralisation of judicial powers?" The Madras High Court Advocates' Association was placing professional gains above the interests of the litigant public, he charged.

The number of cases in the Madurai district court during 1985 was 1,850 and it came down to 985 in 2002. On the other hand, the strength of advocates increased from 900 in 1985 to 3,300 in 2003. "But, we are only fighting for the welfare of the needy. The Madurai Bench should be inaugurated as per schedule on July 24 since it is a long cherished dream of the public, particularly the legal fraternity, in the southern districts".

Mr. Thiyagarajan said the MAHAA would oppose any move to alter or modify the Commission's report.

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