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PIL Filed In HC Seeking Direction To Refer Allahabad HC As 'The High Court Of Uttar Pradesh' In Official Documents
Sparsh Upadhyay
15 April 2024 9:01 PM IST
A Public Interest Litigation (PIL) plea has been moved in the Allahabad High Court seeking a direction to the Central Government and other authorities to refer the HC, the High Court for Uttar Pradesh as 'The High Court of Uttar Pradesh' in all the notifications, communications, judgement, orders and decrees.The PIL plea, moved by Lucknow based Advocate Deepanker Kumar, also seeks a direction...
A Public Interest Litigation (PIL) plea has been moved in the Allahabad High Court seeking a direction to the Central Government and other authorities to refer the HC, the High Court for Uttar Pradesh as 'The High Court of Uttar Pradesh' in all the notifications, communications, judgement, orders and decrees.
The PIL plea, moved by Lucknow based Advocate Deepanker Kumar, also seeks a direction to the High Court authorities to rename its Rules ( Allahabad High Court Rule, 1952) as Uttar Pradesh High Court Rules and to mention 'proper name' of the High court in its orders/ judgement, notices and notifications.
The PIL plea argues that since all the High Courts in the country are the creation of the Constitution and not of some law made or charter issued by the 'Invader' British Government and so, after the Constitution came into being, it was duty of the Government to re-name the existing High Courts after the name of the State to which they belong.
In the PIL Plea, the petitioner has strongly contended that the confusion surrounding the 'proper' name of the High Court has led to uncertainty among the masses, state functionaries, as well the Judges of both High Courts and the Supreme Court and that the Advocates are particularly perplexed, with some referring to it as "The Allahabad High Court" while others opt for "The High Court of Uttar Pradesh."
Referring to the Supreme Court's observations in the Special Reference No. 1 of 1964, the Petitioner has contended that in the said matter, the Apex Court had referred to the High court as High Court of Uttar Pradesh and the Lucknow bench of the HC was named as the Lucknow Bench of High Court of Uttar Pradesh.
The perusal of the judgment makes it clear that President is not confused about the name of this High court and similar is position of the constitution bench, the PIL plea adds.
Against this backdrop, the PIL plea prays for a direction to the Union Government and other authorities to refer the HC, the High Court for Uttar Pradesh as 'The High Court of Uttar Pradesh' in all the notifications.