Amid rising protests over the proposed foundation stone laying of the Gauhati High Court at Rangmahal, Assam Advocate General Debajit Lon Saikia on Saturday, January 10, dismissed claims of unilateral government action. He emphasized that the decision to relocate the High Court falls within the constitutional authority of the Chief Justice and is not politically motivated.
Speaking at a press conference, Saikia said discussions about relocating the Gauhati High Court have been ongoing for three to four years, with mixed opinions from various stakeholders. While some support the move, others remain opposed.
The Advocate General clarified that the relocation process began during the tenure of former Chief Justice Sandeep Mehta. In late 2022, talks were initially focused on shifting the Chief Judicial Magistrate (CJM) Court to Boragaon, with a formal decision taken on November 25, 2022. At that stage, no plan existed to move the High Court itself.
Saikia noted that the Bar Council had raised concerns only about relocating a single court, warning it could cause inconvenience. However, the Council had agreed to a consolidated move if all courts were shifted together.
Highlighting infrastructural challenges, he said the number of judges at the Gauhati High Court has increased from 19 to 30, raising security and accommodation concerns. Currently, only seven official quarters are available, forcing judges to live in private flats. Basic amenities, particularly for women, are inadequate, and parking is insufficient for nearly 1,000 practicing advocates, many of whom operate from their vehicles. The canteen is limited, and there is no auditorium on the premises.
Saikia pointed out that opposition to the relocation has remained despite repeated consultations. He also revealed that the Chief Justice’s official residence has been declared a heritage building and that Chief Justice Mehta requested formal action on this in 2023.
Rejecting claims that the government is directing the move, he said, “The High Court does not function at the will of the state government. It is the institution that points out the government’s mistakes when required.” He invited protesters to approach the court directly and accused some opposition groups of misinterpreting legal provisions, including the Gauhati High Court Rules of 1971.
The Advocate General clarified that Presidential assent would only be needed if a new outlying bench, such as in Dibrugarh, is established. He also stressed that High Court relocations have occurred in several other states and denied that the move violates 1971 rules.
Addressing concerns over land acquisition, Saikia said many individuals claiming displacement have already received compensation. He ruled out any political benefit from the relocation and noted that the Bar Association had previously declined to participate in discussions under former Chief Justice Biplab Kumar Sharma.
On opposition within the Bar, he stated that out of nearly 5,000 members, only 1,664 voted, adding that Bar Association approval is not legally required for the move—only the Governor of Assam’s consent is.
