Tamil Nadu Chief Minister C Joseph Vijay has written a letter to Prime Minister Narendra Modi requesting necessary action to set up a Bench of the Supreme Court at Chennai.
In the letter, Vijay said setting up a Bench in Chennai is one of the long-pending demands of the State of Tamil Nadu. The demand was first mooted by the State in 1980.
Citing Article 130 of the Constitution, the Chief Minister noted that the Supreme Court shall sit in Delhi or in such other place or places as the Chief Justice of India may, with the approval of the President, from time to time, decide.
He pointed out that the issue was discussed in the conference of Chief Justices held in 1979, and that litigants from South India inevitably have to go to New Delhi to get their grievances redressed.
Chennai, being an important place in South India, setting up a Bench there would benefit all Southern States, the letter said. It also noted that the Bar Council of the High Court of Madras, Chennai, is highly professionally talented and competent, and that the Madras High Court is one of the oldest Chartered High Courts in India, established in 1862.
CM Vijay recalled that the Full Court of the Supreme Court of India, in its meeting held on 07.08.2007, found no justification for deviating from its earlier resolutions on the subject, despite the State’s assurance that necessary infrastructure facilities including residential accommodation for Supreme Court Judges would be provided.
He said that when the Constitution was enacted, the framers contemplated that all citizens, rich or poor, must have direct access to the Court. However, citizens located mainly in South India are deprived of availing this remedy due to the sheer distance between the southern states and New Delhi.
Vijay also drew attention to the Supreme Court’s order dated July 13, 2016, in WP (Civil) No. 36/2016 (V Vasanthakumar Vs. H.C. Bhatia and Ors.), where the question of establishment of a Supreme Court Bench was referred to a Five Member Constitution Bench headed by the Chief Justice of India.
He requested the Prime Minister to take up the issue afresh with the Supreme Court of India to reconsider its stand and obtain a favourable decision for setting up a Supreme Court Bench at Chennai, appreciating the long-pending demand of Tamil Nadu and the importance of Chennai among South Indian states.
The reasons cited include that the establishment of a Bench in Chennai will reflect the true federal character of the Nation. Recommendations of the Standing Committees of Parliament in 2004, 2006, 2008 and recently in 2021. Law Commission Reports reiterating the need for permanent regional benches. Such establishment will not affect the independence of the Judiciary since control over the same will remain with the Chief Justice of India.
(With inputs from ANI)
