A Court Closer To The People: Why The Kolhapur Circuit Bench Matters

If you have ever walked past the entrance of the Bombay High Court on the HSBC side, amid the rush of the lawyers heading for their hearings, you will observe a small crowd of villagers standing near the entrance, distinctly out of sync with the fast-paced surroundings. These perplexed villagers are not tourists who have arrived to marvel at the charm of the Gothic arches and corbelled walls of the colonial-era edifice housing the principal bench of the Bombay High Court. Instead, they are litigants from rural parts of Maharashtra who have travelled hundreds of kilometres to seek justice from the courts in the building, which they regard as a temple of justice.

Ironically, these rural litigants stand before the magnificent building of the Bombay High Court, with a distant promise of justice emanating from the grand edifice, unaware of the fact that it represents a system which entices them with the hope of justice only to drive them into a labyrinth of procedures and formalities, starting from the process of identifying themselves even before entering the building.

Call it pessimism, but for these rural litigants, undertaking an exhausting journey to Mumbai on crowded trains or rickety buses at dawn or in the dead of night, the system not only feels cold but also overwhelming. Each mile brings them closer to a formidable and indifferent judicial system, particularly when the board is "discharged", the matter is adjourned, or when the case simply does not "reach" after waiting for the entire day without waiting rooms or a basic place to rest.

On their gruelling and arduous journey back home, confused and heartbroken, they face a daunting question: Is the grandeur and charm of this magnificent building of any use to them, or is it even truly open to them?

The uncertainty experienced by these rural litigants who traverse hundreds of miles raises a pertinent question for the stakeholders of the judicial system to answer. Is the law truly equal for all? The answer to this question is not simple. Often finding its place in debate on judicial reforms, this question touches the very foundation of our constitution. Dr. B.R. Ambedkar, architect of our constitution, had a vision of justice based upon the ideas of liberty, equality and fraternity.

Dr. B.R. Ambedkar observed, "Justice has always evoked ideas of equality, of proportion of compensation. Equity signifies equality. Rules and regulations, right and righteousness are concerned with equality in value. If all men are equal, then all men are of the same essence, and the common essence entitles them of the same fundamental rights and equal liberty." The question reminds a stark reality to both the litigants and the stakeholders in the judicial system that the grandeur and charm of a building mean nothing if its doors are not open to all and justice is not easily accessible.

Many suggestions and proposals, including reforming the appointment process of High Court judges, filling existing vacancies, and simplifying the law for the general public, have been mooted to make the judicial system more accessible to the poor and marginalised. However, turning these ideas into reality is another difficult task due to procedural delays, bureaucratic red tape, resistance to change, political interference, and the complex web of legal frameworks, as it often hampers the proposed legal reforms. Therefore, it is essential to prioritise steps that can be implemented immediately with minimal obstacles and without getting lost in legal complexities.

One such pragmatic step is to establish additional benches of the High Courts so that justice reaches the last mile and the citizens do not have to travel hundreds of miles for the resolution of even simple of their disputes.

The recent decision to establish the circuit bench of the Bombay High Court at Kolhapur is an initiative which will definitely make the judicial system more accessible to the poor and marginalised. The demand for the circuit bench of the High Court in the region was fuelled by the difficulties faced by litigants from the districts of Kolhapur, Satara, Sangli, Solapur, Ratnagiri, and Sindhudurg as they had to endure a long and strenous journey of several hundred kilometres to the principal bench of the Bombay High Court, losing valuable time and incurring huge litigation costs.

Thanks to the visionary initiative of the Chief Justice of India, Justice B.R. Gavai, the circuit bench of the Bombay High Court at Kolhapur will begin its sittings from 18^th August 2025, a long-awaited milestone for litigants in this region. Throughout his public speeches, Justice Gavai has often asserted that justice must reach the last mile, with the fundamental goal to deliver it quickly and affordably to transform it from a distant dream into a living reality. Through his initiatives, Justice Gavai has demonstrated an unwavering commitment to decentralising access to the judiciary and building a legacy rooted in empathy, integrity, and constitutional values.

It would not be correct to say that everyone will be happy with the establishment of a circuit bench at Kolhapur, as this initiative is going to bring a sea-change in the lives of the lawyers who receive briefs and clients from these districts, as they have spent years in Mumbai building their social, professional, and personal lives. Shifting their practice from Mumbai to Kolhapur will lead to uprooting their professional networks, finding new homes and offices, and securing schools for their children, thus bringing real hardship. The enormity of the hardship can be gauged by the fact that approximately 85000 briefs will be transferred to the circuit bench at Kolhapur. However, the benefit of easy access to justice for millions of citizens from these districts outweighs the temporary discomfort of the lawyers in every sense. Lawyers will adapt, but generations of litigants will gain the privilege of justice delivered closer to home. Is this not the very dream of the Constitution, to bring the light of justice to every doorstep?

Apart from the hardship faced by the lawyers who would be forced to shift their practice from Mumbai to Kolhapur, the establishment of the circuit bench at Kolhapur has also faced criticism concerning judicial discipline and the management of the court proceedings. However, such criticisms, in my view, are misplaced, especially now with the advent of technology leading to live streaming of court proceedings, digital filings, and virtual hearings. It is pertinent to note that benches of the Bombay High Court at Nagpur, Aurangabad, and Goa are already functioning impartially and effectively without compromising on discipline or integrity. Therefore, in light of past reality and experience and the advent of technology, such criticism appears to be unfounded and hollow. The stakeholders in the judicial system must recognise that the system and the lawyers can adapt to the change, but the poor litigants cannot. Such bold initiatives should be welcomed with an open mind as they pave the way for generations to come.

John Rawls, an American political philosopher, observed, "Justice is the first virtue of social institutions". Our constitution also fundamentally moots that justice with compassion and resolve must be accessible to all. Initiatives such as the establishment of a circuit bench at Kolhapur are an example of the fulfilment of that constitutional vision. Chief Justice of India's initiative has brought the law closer to the poor and marginalised citizens, who will not have to travel hundreds of miles to seek justice even in simple disputes. More than a blessing for the six districts of interior Maharashtra, the establishment of a circuit bench at Kolhapur is a triumph of hope, endurance, and the constitutional promise that justice must neither be delayed nor denied, and like sunlight, it must reach the furthest corners and warm every heart that waits.

Author: Akhilesh Sheshmani Dubey is an advocate and solicitor practising in Mumbai and can be reached by email on mail@akhileshdubey.com for comments. Views Are Personal