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CM should press for amending Sec 30 of AP Reorganisation Act
Speaking to The Hans India, he said that the AP Reorganisation Act rests all the provisions for establishing a separate High Court to Andhra Pradesh.
Hyderabad: Suggesting Chief Minister K Chandrashekar Rao to consider establishing a separate High Court for Telangana, if Andhra Pradesh was not ready, retired Justice B Chandra Kumar asked the Chief Minister to request the Central government to amend Section 30 of AP Reorganisation Act for resolving the issue of High Court bifurcation.
Speaking to The Hans India, he said that the AP Reorganisation Act rests all the provisions for establishing a separate High Court to Andhra Pradesh.
Since the bifurcation issue is directly linked to the will of the current government in AP, Telangana or even the Central government cannot force it on the issue under Section 30 of the Act. “Rather than keeping quiet, KCR can ask the Central government to amend the Act in favour of establishing Telangana High Court,” he said.
Justice Chandra Kumar, who took part in the recent ‘Maha Dharna’, in favour of bifurcation feels that the best course is to have a separate high court within Hyderabad.
Since it is a subject of the State, even the Central government cannot compel Andhra Pradesh to form its own high court,” he noted.
Section 30 can be amended by replacing AP with Telangana in the clause. Then it would say, “The High Court in Hyderabad shall continue to be common entity till the Telangana government establishes its high court in the State.
The Act can be amended after the State government sends proposal after the State Legislature passes a resolution requesting for an amendment to the Act.
The retired judge said that the issue of bifurcation of the judicial officers was an issue which is under the purview of the High Court and cannot be challenged even by the Central government. “Since Section 80 of the Act has held the competent authority as the High Court, there cannot be outside intervention,” he said.
