The Hindu : New Delhi News : DBA suspends stir over Supreme Court decision on courts

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Sunday, May 18, 2008
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DBA suspends stir over Supreme Court decision on courts

Staff Reporter

NEW DELHI: After observing a two-day strike at Tis Hazari courts, the Delhi Bar Association (DBA) on Friday suspended its protest against the Supreme Court’s decision paving way for creation of nine judicial civil courts. The decision on further course of action would be taken by the Association at a meeting next Wednesday.

According to DBA president Rajiv Khosla, the strike was suspended to ensure congenial atmosphere for talks with the authorities concerned.

On Thursday, the DBA had decided to approach the Chief Justice of India to request him to refer the matter to a Constitutional Bench on the question whether the order of the Supreme Court was encroachment on the domain of the legislature and executive.

The DBA had also resolved to approach the Government requesting it to enact a law that would prevent creation of new civil courts within the Capital.

Earlier, the DBA had filed a petition against the order of the Supreme Court allowing creation of new judicial civil courts. The order was passed following a petition by the judicial officers requesting creation of more civil courts. The Supreme Court on Thursday had dismissed the DBA petition paving way for creation of new civil courts.

The DBA criticised the decision saying only the legislature, and not the judiciary, had the right to create new civil courts as it required an Act of the legislature. Mr. Khosla had further argued that no metropolitan city in the country had more than one civil court. He added that if more civil courts were created in Delhi, the Capital would lose its metropolitan nature. “The entire city comes under one Police Commissioner. What is the need to create more civil courts?” he asked. Also, it would lead to harassment of litigants as they would have to traverse long distances to attend hearings of the court, he added.

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