Assam CM Himanta Biswa Sarma Resigns From Gauhati HC Bar Association After Bar Body Opposes Move To Shift High Court Complex To Rangmahal

In a latest development, Assam Chief Minister Dr Himanta Biswa Sarma on Wednesday (April 30) resigned from the membership of Gauhati High Court Bar Association.

The CM's resignation comes after Gauhati High Court Bar Association's (GHCBA) stand to oppose the proposal to shift the High Court from Guwahati to Rangmahal in the Kamrup (Rural) District on the Northern Bank of Brahmaputra river. 

In his letter dated April 30 to the President of the GHCBA, the CM stated that it has come to his notice that "Gauhati High Court Bar Association has taken a stand opposing the proposal to set up a Judicial Township with Gauahti High Court and other judicial infrastructures at Rangmahal, North Guwahati, as per the recommendation of the Hon'ble Gauhati High Court in its Full Court meeting held in 18.10.2023". 

Sarma has further stated that he personally feels that the existing infrastructure of the High Court has miserably failed to meet the requirement of present day need and situation will get further worsen in the coming times.

“The Government of Assam, despite severe financial and other constraints, and, with an anticipated expenditure of more than ₹1000 crore, has accepted this recommendation of the Full Court. This decision of the State Government has been taken in view of compelling practical considerations, such as:

1. The present High Court buildings, located in the heart of the city, have absolutely no scope for any further expansion.

2. Parking facilities for advocates, litigants and members of the registry are grossly inadequate and there is no scope for expanding the existing parking areas.

3. With the likely enhancement of the strength of Hon'ble Judges from 22 to 30 in the Principal Bench, the Government will be unable to accommodate the required additional space in the existing premises.

4. Lack of adequate essential facilities such as a modern library, an auditorium, advocates' chambers and sitting areas, designated rooms for senior advocates, lawyers-litigants consultation rooms, first aid and emergency medical services, audio-video facility rooms and many other infrastructural requirements.

5. There is an acute shortage of offlcial residences for the Hon'ble Judges of the Gauhati High Court within the city,” Sarma said in his letter.

It states that the CM has come across opinions expressed by few senior Bar members in the media that shifting of the High Court to Rang Mahal, North Guwahati would give the CM political benefit as it comes under Jalukbari Legislative Constituency, which he represents in the state assembly. On this the CM has said:

"I would like to only say that selection of Rang Mahal as proposed site is not my decision but is as per the recommendation of the High Powered Committee with approval of the Full Court of Gauhati High Court, and, most importantly, after the Delimitation exercise conducted in 2023, Rang Mahal as well as North Guwahati no more come under Jalukbari LAC, and , all these versions about me getting political mileage are to totally baseless and frivolous". 

It was stated by the CM that considering the present position adopted by the GHCBA, which is in contrast and in conflict with the stand of the Gauhati High Court and also of the Government of Assam, he finds himself in a morally difficult position as he is "unable to align himself with the opposition to the Full Court's decision".

“Therefore, in all humility and with due respect, I request you to kindly accept this letter as my resignation from the membership of the Gauhati High Court Bar Association with immediate effect.This decision to resign from bar membership has been reached not only to avoid any conflict of interest but also in the larger interest of judicial reform, institutional growth, future of our legal system combining with the greater interest of our new generation lawyers so that they are at par with other upcoming and practicing lawyers of the Nation,” the letter read.

The CM has further said that he had an active law practise in Gauhati High Court between 1994 to 2001 during which period, he although being a member of the Bar Association, could not get any place to sit for legal work or for consultation with clients, compelling him to convert his car for keeping files and books. It states that he is aware that the situation is no different for any junior lawyer today.

"So, I am fully aware and have first-hand experience of the immense difficulties faced by lawyers, especially the junior ones, in pursuing practice in our High Court. The situation is much worse after 25 years now, when the number of law practitioners have risen many fold,” the letter read.

Earlier, the Advocate General of Assam (AG), Devajit Saikia had also resigned from GHCBA.

Last month, the AG has filed criminal contempt petitions under Sections 11, 12 & 15(1)(a) of the Contempt of Courts Act, 1971, read with Article 215 of the Constitution of India, alleging that Anil Kumar Bhattacharyya (Senior Advocate) and another advocate (Pallavi Talukdar) of the Gauhati High Court have committed criminal contempt by making scandalous remarks against an individual Judge as well as the High Court during a protest against the proposed shifting of the High Court.

The High Court on April 12 issued contempt notices to various lawyers, including the president of the GHCBA in the said contempt petitions. However, on April 28, the Supreme Court granted interim protection to the GHCBA President, against the contempt proceedings initiated by the Gauhati High Court.

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