Further hearing on plea for separate HCs today

Further hearing on plea for separate HCs today
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A two-judge bench of the High Court at Hyderabad on Thursday adjourned to Friday for further hearing a petition on the constitution of separate High Courts for the twin states of Telangana and Andhra Pradesh. The bench comprising Chief Justice Kalyan Jyothi Sengupta and Justice PV Sanjay Kumar allowed AP High Court Sadhana Samithi and T Amarnath Goud, a practising advocate of the High Court to implead as parties to the petition.

Hyderabad: A two-judge bench of the High Court at Hyderabad on Thursday adjourned to Friday for further hearing a petition on the constitution of separate High Courts for the twin states of Telangana and Andhra Pradesh. The bench comprising Chief Justice Kalyan Jyothi Sengupta and Justice PV Sanjay Kumar allowed AP High Court Sadhana Samithi and T Amarnath Goud, a practising advocate of the High Court to implead as parties to the petition.

The Sadhana Samithi said that Section 94(3) of the AP Reorganisation Act 2014 which dealt with special financial assistance to AP, cannot be read in isolation and the relevant Section has read along with Section 30, 31 of the Act, than only a clear picture will emerge for constitution of separate HC for AP. Counsel for the Samithi MV Raja Ram said “If at all a separate High Court to be constituted for AP, it shall be within the jurisdiction of the AP only.

The President of India is the only competent to make a notification for constitution of HC, neither the Chief Justice of India nor the Chief Justice of the High Court or the Centre has power to notify the creation of HC”. Amarnath Goud opposed the plan of the Telangana government in shifting the current High Court to Gachibowli from the current location. He complained that such a move curtailed the jurisdiction of practice of the High Court advocates.

When MV Raja Ram referred to a judgement made by the Apex Court when the state of Maharashtra split, the bench directed the advocate to submit by Friday whether there was any difference between the AP Reorganisation Act of 1956 and that of 2014. B Narayana Reddy, Assistant Solicitor General informed the court that Rs 500 crores have been granted under section 94(3) of State Reorganisation Act.

“The Central Government shall provide special financial support for the creation of essential facilities in the new capital of the successor State of Andhra Pradesh including the Raj Bhavan, High Court, Government Secretariat, Legislative Assembly, Legislative Council, and such other essential infrastructure”, the Assistant Solicitor General said. The bench adjourned the case.

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