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Plea Filed in SC Questioning Legality of Kolhapur Bench

Plea Filed in SC Questioning Legality of Kolhapur Bench

A writ petition filed in the Supreme Court has challenged the establishment of the new Kolhapur Circuit Bench of the Bombay High Court under Section 51(3) of the States Reorganisation Act, 1956. The notification dated 01 August 2025 issued by the Chief Justice of the Bombay High Court with the approval of the Governor appoints Kolhapur as an additional place where Judges and Division Courts of the High Court may sit, effective 18 August 2025.

Petitioner contends that the decision suffers from serious procedural infirmities, lack of transparency, and non-compliance with binding criteria laid down by judicial precedents and the Jaswant Singh Commission. The petition argues that:

1. There is no clarity on the consultative process among High Court Judges, which is mandatory under law when such far-reaching administrative decisions are taken.

2. Key criteria from the Jaswant Singh Commission Report, such as litigation load, regional requirements, availability of infrastructure and legal talent, and whether the area meets the threshold of a distinct “region,” were allegedly not considered.

3. Establishing additional benches has implications for judicial independence, risks administrative fragmentation, and may encourage proliferation of similar demands across States.