In a significant development amid an escalating controversy surrounding the relocation of the Gauhati High Court complex, Assam Chief Minister Himanta Biswa Sarma has formally resigned from the Gauhati High Court Bar Association. His resignation, tendered through a letter to the Bar Association president, comes in protest against the Association’s stand opposing the proposed shift of the High Court from its present premises in Guwahati city to a newly planned judicial township at Rangmahal in North Guwahati.
Sarma, who practised law from 1994 to 2001 and held membership in the Association, stated in his letter that his decision was not only to avoid any potential conflict of interest but also to stand in support of judicial reform, institutional development, and the long-term advancement of the 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,” Sarma wrote.
“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.”
The resignation follows that of Advocate General Devajit Saikia, who also quit the Association earlier, signalling growing tensions between the state’s legal executive and the Bar Association over the High Court relocation issue.
Background: Tensions Between Bar and Bench
The Gauhati High Court Bar Association has been vigorously opposing the move to shift the High Court, citing reasons that include accessibility and tradition. Their protests have led to a standoff with the judiciary. In a related matter, the High Court recently initiated contempt proceedings against three lawyers, including Bar Association president Kamal Nayan Choudhury, for comments allegedly made against a sitting judge during a Bar-organised demonstration.
Although the Supreme Court later stayed the contempt notice issued to Choudhury, it allowed proceedings against the other two lawyers, including a senior advocate, to continue.
Key Concerns Raised by the Chief Minister
In his letter, Sarma provided a detailed explanation of the reasoning behind the government’s decision to relocate the High Court to Rangmahal. He outlined several infrastructural and logistical constraints of the existing site:
- No Space for Expansion: The current location in the city centre has no room for further development.
- Inadequate Parking: Severe shortage of parking for lawyers, litigants, and court staff with no possibility of improvement.
- Growing Judicial Strength: With the Principal Bench likely to expand from 22 to 30 judges, accommodating the additional personnel is not feasible at the existing location.
- Lack of Basic Facilities: The present complex lacks essential facilities such as a modern library, auditorium, designated rooms for senior advocates, chambers, emergency medical services, and modern technological infrastructure.
- Housing Shortage for Judges: There is a critical shortage of official residences for High Court judges within the city.
Sarma also reflected on his own past struggles as a lawyer, stating that he lacked a place to sit or consult with clients, and had to use his car as an impromptu office. “The situation is much worse after 25 years now, when the number of law practitioners have risen many fold,” he noted.
A Call for Understanding and Institutional Growth
The Chief Minister emphasised that the decision to shift the High Court was taken by the Full Court and it was his constitutional duty to assist in implementing it. He expressed hope that the legal fraternity, including the Bar Association, would eventually recognise the long-term benefits of the move.
“It is also my firm belief that the legal fraternity… 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,” Sarma added.
