Amid escalating protests over the proposed establishment of the Gauhati High Court at Rangmahal, Assam Advocate General Debajit Lon Saikia on January 10 dismissed claims of unilateral government action, asserting that the decision to relocate the High Court falls squarely within the Chief Justice’s constitutional authority and is not politically motivated.
During a press conference, Saikia indicated that discussions regarding the relocation have been ongoing for the past three to four years, with mixed opinions from various stakeholders. While some support the move, others have consistently opposed it. He explained that the process began during the tenure of former Chief Justice Sandeep Mehta, noting that conversations in late 2022 focused on relocating the Chief Judicial Magistrate (CJM) Court to Boragaon, not the High Court itself. A formal decision for the CJM relocation was made on November 25, 2022.
Saikia stated that the Bar Council had only raised concerns about moving a single court, warning that this could lead to inconvenience. However, they expressed no objection to a consolidated relocation of all courts into a single complex. He highlighted infrastructure challenges, noting the number of judges in the Gauhati High Court has increased from 19 to 30, intensifying security and accommodation issues. Currently, there are only seven official quarters, necessitating that judges live in private flats, which raises safety concerns.
He also pointed to a lack of basic amenities, particularly for women, stating that there are no adequate seating or dining facilities. The Chief Minister had acknowledged these deficiencies existed during his legal practice long before 2001. Parking remains a significant challenge, given nearly 1,000 practicing advocates, leading many to operate their chambers from vehicles. The canteen facilities are inadequate, and there is no auditorium on the premises.
Despite Saikia’s explanations, opposition to the relocation appears unchanged among those initially against it. He noted that the official residence of the Chief Justice has been designated a heritage site by the Assam Government. In 2023, Chief Justice Sandeep Mehta formally sought action regarding this designation.
Saikia rejected claims that the Assam Government is exerting undue influence in the relocation process, labeling those assertions a “gross misinterpretation of facts.” He emphasized the High Court operates independently, correcting governmental missteps when necessary. Addressing protesters directly, he invited them to approach the court, claiming some factions of the opposition are misinterpreting legal regulations, including the Gauhati High Court Rules of 1971.
He clarified that Presidential approval would only be necessary if an outlying bench, such as one in Dibrugarh, were to be established in the future, arguing claims of rule violations related to the relocation are misleading. He noted that such relocations have occurred in several states across India.
Saikia also observed that many advocates lack basic seating, despite long-standing membership. Reflecting on his personal ties to the issue, he stated, “I was born in Uzanbazar. If required, I should have protested earlier.” He denied any political advantage in shifting the High Court to Rangmahal and spoke on land acquisition issues, revealing that many who claimed displacement have accepted compensation.
Additionally, he mentioned that during former Chief Justice Biplab Kumar Sharma’s tenure, the Bar Association was invited to discuss the matter but chose not to engage. Saikia warned against the spread of misinformation, asserting, “People cannot mislead others with false narratives for long.” On the Bar’s legitimacy, he noted out of around 5,000 Bar Association members, only 1,664 participated in the voting process. He concluded that while the Bar Association’s approval is not mandatory, only the consent of the Governor of Assam is legally needed for the relocation.
Original Source: https://www.indiatodayne.in/assam/video/high-court-relocation-is-chief-justices-call-not-state-governments-assam-advocate-general-1329377-2026-01-10?utm_source=rssfeed
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Publish Date: 2026-01-10 20:18:00
