Assam Chief Minister Himanta Biswa Sarma resigns from Gauhati High Court Bar Association

Assam Chief Minister Himanta Biswa Sarma has resigned from the Gauhati High Court Bar Association to protest against the Bar body's decision to oppose the move to shift the High Court complex from its existing site to the proposed judicial township at Rangmahal, North Guwahati..In a letter to the Bar Association president, Sarma said he had been active in law practice from 1994 to 2001 and was a member of the bar association. He added that he was giving up the membership not only to avoid any conflict of interest but also in the larger interest of judicial reform, institutional growth and future of legal system."Considering the present position adopted by the Gauhati High Court Bar Association, which is in contrast and in conflict with the stand of the Hon'ble High Court and also of the Government of Assam, I find myself in a morally difficult position as I am unable to align myself with the opposition to the Full Court's decision. Therefore, in all humility and with due respect, I request you to kindly accept this letter as my resignation from the membership of the Gauhati High Court Bar Association with immediate effect," Sarma wrote in the letter. .Earlier, State Advocate General (AG) Devajit Saikia also had resigned from the Bar association. Pertinently, the Bar Association has been on a warpath to oppose the move to shift the High Court. This has also led to a conflict between the bar and bench as well at the High Court. Acting on two petitions moved by Saikia, the High Court last month issued notices under the Contempt of Courts Act to three lawyers including Gauhati High Court Bar Association President (GHCBA) Kamal Nayan Choudhury in relation to the comments made by lawyers against a sitting High Court judge during a demonstration organized by the Bar body.Subsequently, the top court stayed the issuance the proceedings against Choudhury but allowed the contempt case to continue against other two lawyers including a Senior Advocate..In the latest development, the Chief Minister Sarma has now sought to explain the position related to the proposal to shift the High Court. The letter highlights the following points:1. The present High Court buildings, located in the heart of the city, have absolutely no scope for any further expansion.2. Parking facilities for advocates, litigants and members of the registry are grossly inadequate and there is no scope for expanding the existing parking areas.3 . With the likely enhancement of the strength of judges from 22 to 30 in the Principal Bench, the government will be unable to accommodate the required additional space in the existing premises.4. Lack of adequate essential facilities such as a modern library, an auditorium, advocates' chambers and sitting areas, designated rooms for senior advocates, lawyers-litigants consultation rooms, first aid and emergency medical services, audio-video facility rooms and many other infrastructural requirements.5. There is an acute shortage of official residences for the judges of the Gauhati High Court within the city..Sarma in his letter has also stated that when he was a practicing lawyer, he could not get any place to sit for legal work or for consultation with clients. The letter claims that the situation had compelled him to convert his car "for keeping the files and books and also a meeting place with my clients"."I am aware that the situation is no different for any junior lawyer today. So, I am fully aware and have first-hand experience of the immense difficulties faced by lawyers, especially the junior ones, in pursuing practice in our High Court. The situation is much worse after 25 years now, when the number of law practitioners have risen many fold," the letter adds. Sarma has further said that the decision to construct the High Court complex was approved by the full court and thus as the Chief Minister, it was his constitutional duty to work in coordination with the judiciary. "It is also my firm belief that the legal fraternity, including the Bar Association, in due course of time, will appreciate the long-term benefits of this decision, particularly in the context of the fast-paced infrastructural growth taking place in and around North Guwahati," he said.