The Kerala High Court Advocates' Association (KHCAA) has written to High Court's Chief Justice opposing the proposal to shift the Kerala High Court from its current location near Marine Drive in Kochi city to the suburb of Kalamassery, where the State has proposed the development of a "Judicial City."The proposal envisages development of a 'Judicial City' at Kalamassery which would include the High Court building, judges residence, staff quarters and lawyers chambers.The KHCAA in its letter has expressed shock that it came to know about this proposal only through a communication from the Registrar (Administration) dated January 22, 2024.In the letter addressed to Chief Justice AJ Desai, the lawyers' association also raised concern that the decision seemed to have been taken without consulting the bar.The letter said that the General Body of the KHCAA has passed a unanimous resolution to oppose the move to shift the High Court from its present location.The KHCAA also questioned whether the Kerala government has the funds to complete the Judicial City project when it has pleaded financial incapacity in other matters before the High Court."There are affidavits after affidavits filed by the Government in this Hon'ble Court as to the lack of funds. The Association also has been informed that the Government has some dues to be paid to Legal Benefit Fund, the Welfare Fund etc. In such a state of affairs, it will be difficult to walk into a proposal which requires not less than 500 crores to even meaningfully start this Project," the KHCAA added.
Kerala High Court Advocates Association opposes proposal to move High Court to Kalamassery
Among other issues, the KHCAA has asked for a clarification on whether the decision to move the High Court was a final decision or merely a proposal under consideration.The association noted that the decision may have been misrepresented as final, leading to distress among advocates.The KHCAA recounted that there was a meeting between the Chief Justice and the Chief Minister on November 9, 2023, where the proposal to develop a 'Judicial City' was discussed. However, it was noted that, at the time, the Chief Justice was reported to have agreed to study the proposal rather than making a definitive decision.It also noted that the main agenda for the November 2023 meeting was to discuss the the possible allocation of 17.73 acres of land near the present High Court building.
The KHCAA also noted that a proposal to allocate the land in Kalamassary for the development of the High Court building was earlier rejected by a full court of the High Court.The association highlighted substantial public funds have already been invested in the existing High Court building as well as the Kerala Judicial AcademyThe association, therefore, questioned the need for relocating these institutions to a new "Judicial City", especially considering the significant expenditure involved. "Nowhere in India has the High Court or Judicial Academy been constructed/ shifted in the manner it is being proposed in Kerala. The High Court is about 16 years old and Judicial Academy is just about 5 years old," the letter stated.Moreover, the letter also referred to the "horrible" state of facilities in lower courts in Kerala, noting that there were complaints of leaky roofs and inadequate amenities. In view of these concerns as well, the association has questioned the proposed investment in a new "Judicial City."Additionally, the association has raised concern over the government's capacity to undertake such a costly project.Instead of shifting to Kalamassery, the association has urged the High Court to pursue the allocation of a nearby land which is presently under the State's Housing Board.This land is surrounded by buffer zones to protect eco-sensitive areas. Therefore, it is unsuitable for any commercial development and is better suited for allocation to the High Court, the KHCAA said.The KHCAA has also sought disclosure of any safety issues with the present High Court building, which may have been taken into account to arrive at the proposal to shift the building to another location."We have been hearing for a while about the structural instability of the High Court Building. However, no communication as regards this has been made by anyone to the association. If there are structural issues that concerns safety of all of us, we expect to know about it," the letter said adding that accountability should be fixed on anyone responsible for such structural instability.In conclusion, the KHCAA strongly opposed the relocation of the High Court."Judges spend 10-15 years on an average in any High Court, but it is advocates who spend a lifetime," the letter added while urging for lawyers to be consulted before any decision is made.
TAGS: Kerala High Court Advocates' Association (KHCAA) High Court relocation Kalamassery Judicial City Chief Justice AJ Desai
