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Uttrakhand

Supreme Court stayed the Uttarakhand High Court order to shift its premises elsewhere. Notice issued to state govt. Next hearing in 8 July

The Supreme Court has today stayed the decision of Uttarakhand High Court to shift from Nainital to some other locations such as Haldwani or Rishikesh. The matter was stayed after the High Court Bar Association of Uttarakhand based in Nainital filed a special leave petition ( SLP) in the apex court against the Uttarakhand High Court’s order. The high court of Uttarakhand has earlier issued orders directing the shifting of court premises to some other suitable location keeping in view several factors in wider public interest. The matter listed for 8 th July while hearing the SLP by the two judge bench comprising of Justices P.S.Narsimha and Sanjay Karol also summoned the state government emissary with a response in this regard on 8 th July. The courts have been closed for vacation. Putting his case before the two judge bench the counsel for Uttarakhand High Court Bar Association P. B.Suresh argued that it is not the High Court but the Parliament or Central government which is entitled to decide for setting up of the High Court premises. Speaking on behalf of the Uttarakhand government the Solicitor General categorically said that the High Court order is kind of a referendum. It may be recalled that the order for shifting the High Court of Uttarakhand to a suitable place were issued in wider public interest in view of the problems to poor litigants to bear the expensive stay in Nainital, lack of medical facilities and problems related to connectivity for the litigants etc. Earlier a land was found in Haldwani but it was covered by dense forests, hence the decision was changed. While assuring the order for shifting the court also took into consideration other practical difficulties like shortage of residential houses for young lawyers, unaffordability of expenses by poor litigants for their stay in Nainital and lack of medical facilities.

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