Khattar writes to Amit Shah for separate HC

Seeks a joint meeting of Haryana, Punjab under chairmanship of Union home minister with law minister on board to move ahead towards resolution

CHANDIGARH: Reiterating the state’s demand for the establishment of a separate high court at Chandigarh, Haryana chief minister Manohar Lal Khattar has sought convening of a joint meeting of Haryana and Punjab under the chairmanship of Union home minister Amit Shah with the Union law minister on board to move ahead towards resolution.

In a communication to the Union home minister, Khattar said he is writing in the context of discussions in the conference of chief ministers and chief justices on April 30 this year. “Haryana shares a common high court with Punjab and Chandigarh since its inception in 1966. At various times in the past, the Haryana government has been making requests for establishment of a separate high court at Chandigarh. The Haryana assembly has also passed resolutions in this regard on March 14, 2002, December 15, 2005 and May 4, 2017, for the establishment of a separate high court at Chandigarh,’’ the chief minister wrote on May 26.

‘Even smaller states like Sikkim have their own HC’

Khattar said that Article 214 of the Constitution provided that there shall be a high court for each state. “Separate high courts have been established even in those states that have been created in the last decade. States much smaller than Haryana such as Sikkim, Tripura, Manipur and Meghalaya have separate high courts,’’ the chief minister said while pushing for Haryana’s case.

‘Haryana’s pending cases 50%, but representation 40%’

The CM said the number of pending cases of Haryana in the common high court for Punjab and Haryana is about 50% of the total number of cases whereas the representation of Haryana among the judges in the high court has conventionally been fixed at 40%.

‘Punjab CM wants separate HC at New Chandigarh’

“In the conference of chief ministers of and chief justices of the high court on April 30, Punjab chief minister, Bhagwant Mann raised the issue of a separate high court for Punjab in New Chandigarh which falls in the state of Punjab. Considering this development, the time may be appropriate for the establishment of separate high courts for Punjab and Haryana. I therefore believe the central government in consultation with the Chief Justice of India may move ahead for a resolution to this long pending demand. I request you to examine the matter for a separate high court which will fulfil the aspirational needs of the people of Haryana,’’ the chief minister said.

Khattar said that once an in-principle decision is taken on the establishment of a separate high court, he is sure that other related issues can be easily resolved.

In 2015, the Punjab and Haryana high court had constituted a committee of four judges to consider a communication from the then Union Law Minister DV Sadananda Gowda regarding the establishment of a separate high court for Haryana. Gowda had acted on a communication from Khattar in this regard.

The four-judge committee included two judges from Haryana, justice SK Mittal and justice Hemant Gupta, and two from Punjab, justice SS Saron and justice Rajive Bhalla. Justice SK Mittal who after retirement is chairman of Haryana Human Rights Commission (HHRC) however told HT that no such committee was constituted formally.

“We were only asked to consider the communication sent by the central government. The matter was subsequently sent to the full court. It has been a while. So it is hard to remember all the details,’’ justice (retd) Mittal said.