Karnataka High Court Directs Govt To Submit Concrete Proposal To Overcome Space Crunch, Says Bar Council Must Find Its Own Office Space

A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj orally said,

"Next time if we do not find any solution we will pass a judicial order to vacate the Karnataka Government Insurance Building and and the Old Election Commission building."

The buildings are occupied by the offices of the Advocate General and Karnataka State Bar Council.

During the hearing, government advocate Vani H informed the court that the state government is exploring possibilities to provide additional space to the High Court, to which the bench said,

"Nothing can be more important than providing infrastructure to the High Court."

Seeking four weeks' time, it was told that the Advocate General has already spoken to the Chief Secretary. He is exploring possibilities of finding some solution. To which the bench observed, "What we find is that Learned Advocate General is not very much interested in solving the problem."

The court also pointed out that high court personnel working in basement offices are doing so in unhygienic conditions, especially during the pandemic.

Senior Advocate S S Naganand appearing for the registry informed the court that over 200 people are working from the basement. He also submitted that the Karnataka State Bar Council is a statutory body and they have to find an alternative place for themselves.

The bench opined,

"Bar Council is a statutory body, but you cannot insist that you have to be there within the premises of the High Court. In no High Court premises, the Bar Council office is there, it is only here (In Karnataka High Court) that permission was granted by the high court to occupy the building, but now they have to find out their own accommodation."

It added, "If no solution comes out we will have to withdraw the earlier permission granted to KSBC to occupy the building. We have to run the court, we cannot close the court in the absence of infrastructure."

In its order the bench recorded that Advocate G Nataraj appearing for KSBC submits that he will inform the Chairman, Bar Council Karnataka, about the concern shown by the court and will apprise the court on the next date as to when the Bar Council of Karnataka is going to hand over the possession of Old Election Commission Building.

The court also suggested the KSBC to coordinate with the Advocate General who is also an ex-officio member and ask him to use his good office, and pursue the state government to provide them an alternative accommodation.

The court in its order dated November 16, 2021 had said, "We request the state government to consider the handing over of the Old Election building and the Karnataka Government Insurance Department building to the High court. Particularly considering the emergent problem of space crunch. We hope that the state government will come out with a positive response."

It had added, "We request the Advocate General to use his good office to solve this problem and help the High Court in overcoming the problem of space crunch."

The direction was given during the hearing of a petition filed by Advocate Ramesh Naik L. The petition states that the use of the basement in the High Court building as offices is contrary to law. It prays for a direction to the State Government to make additional space available to the High Court, so that the use of the basement for office purposes can be immediately stopped.

As per an earlier order of the court, the state government handed over possession of two rooms in the Directorate Technical Education building for shifting some of the sections of the High Court. The State Government had assured the High Court of providing an additional space.

Case Title: Ramesh Naik L v. State Of Karnataka

Case No: WP 52022/2019