Separate High Court for Telangana and AP

HYDERABAD: Even as bifurcation blues continue to dog Andhra Pradesh and Telangana, the Union Government appears to have set in motion the process for the division of the High Court of Judicature at Hyderabad for the state of Telangana and the state of Andhra Pradesh.

Informed sources told that the Union Ministry for Law and Justice has written to the Supreme Court to initiate steps for creating separate high courts for the states of Andhra Pradesh and Telangana. The apex court, in turn, has intimated the same to the Chief Justice of Hyderabad High Court, and his response is awaited.

As the High Court normally functions as a collegium, particularly with regard to fundamental administrative decisions, it is likely that the Chief Justice will consult his fellow judges. Therefore, his response will depend on the consultations and the opinion of the other judges. What, however, remains unclear is the principle for allotment of judges between the

two high courts. Unlike in the case of All India Service officers and other government staff, where individual choice/nativity governed the division, what will be the guiding principle for a Constitutional post like a high court judge is an open-ended question.

Sections 30 and 31 of the AP Reorganisation Act, which deal with the status of the High Court, were also silent on this aspect. The prerogative of dividing the judges between the two states remains with the Chief Justice of India, a source said.

What is clear is that the sanctioned strength of the High Court, which is 49 (33 full judges and 16 additional judges), will be divided in the ratio of 60:40 for Andhra Pradesh and Telangana. The current strength of the High Court is only 31, with one incumbent judge due to retire later this month. Going by this number, the High Court of AP will have 18 judges and Telangana 12.

The other grey area is whether the High Court of Andhra Pradesh will move out of Hyderabad after the division, considering that enough facilities for locating the same are not readily available in the residuary state.

One version in circulation is that the Telengana High Court itself will move out of the current premises and will be located at some other place in Hyderabad, while the AP High Court will continue to function from the current premises.

KCR requests for speedy division

Telangana CM K Chandrasekhara Rao is understood to have called on CJI H L Dattu and sought early division of the Hyderabad HC. The CJI, in turn, appears to have advised the CM that he should be magnanimous as far as providing accommodation for the HC of AP is concerned.