SC Refuse To Entertain Plea Against Bifurcation Of AP High Court

The Supreme Court on Wednesday refused to entertain a plea of Andhra Pradesh High Court Advocates Association (APHCAA) seeking to defer the bifurcation of High Court at Hyderabad.

There are no proper facilities at the makeshift structure and the new building for the High Court at Amaravati in Andhra Pradesh is yet to be completed, APHCAA counsel told a bench of Justice A K Sikri and Justice S Abdul Nazeer.

The counsel sought deferment of the gazette notification issued on December 26, 2018, which said that a separate High Court for Andhra Pradesh would start functioning from January 1, 2019.

"All these initial hiccups will always be there. The matter was heard at length for quite some time and then it was decided that a separate High Court would start functioning from January 1, 2019. It is now functioning and things will become better," the bench said.

The counsel for the Association then sought permission to withdraw the plea.

The plea had contended that the alternate building where the new high court has started to function is incomplete and no facilities are provided.

It had said that there are no habitations except a small village panchayat to accommodate the members of the Bar, Staff and personnel associated with the profession within 20 kilometers radius.

The plea had said that even road leading to the proposed building are not laid.

The top court on October 29, 2018, while disposing of a plea had given its green signal for issuing the notification for a separate Andhra Pradesh High Court.

It had said that the new high court will initially function from a temporary structure till the permanent building comes up in the ambitious Justice City complex in the state's capital Amaravati.

Since the bifurcation of the state on June 2, 2014, Andhra Pradesh and Telangana have had a common High Court situated at Hyderabad, the latter's capital city.

The court had said that since all the requirements have been fulfilled, there is no embargo for the competent authority to issue a notification bifurcating the courts into the High Court of Telangana and High Court of Andhra Pradesh respectively.

"We expect such a notification to be issued by January 1, 2019, so that the two High Courts start functioning separately and High Court of Andhra Pradesh also starts functioning in the new building at the earliest", the bench had said.

With the enactment of the Andhra Pradesh Reorganisation Act, 2014, Andhra Pradesh was bifurcated into two states -- Andhra Pradesh and Telangana.

The Act, which had come into effect from June 2, 2014 also has a provision for separate High Courts for the two states.

Hyderabad, which was the capital of erstwhile state of Andhra Pradesh is now part of Telangana and has become its capital.

The existing High Court is located at Hyderabad and it will house the High Court of State of Telangana.

As for Andhra Pradesh, it is building a new city - Amaravati, the state capital. The new High Court of Andhra Pradesh would be located in this city.

(This story has not been edited by LiveLaw and is from PTI feed)