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History of Orissa High Court
At the commencement of the 20th Century
Bengal Presidency was a vast province including Assam, Bihar and Orissa.
It was really difficult to manage administratively such vast areas
inhabited by people speaking in different languages and having different
traditions. Administrative exigencies required separation of such areas
which originally did not from part of Bengal. In 1905 Lord Curzon,
however, with a sinister motive of wedging a division among the Bengal
nationalists on communal basis partitioned Bengal into two parts and
formed a new province with Assam and Eastern Bengal. Bihar and Orissa were
retained with remaining parts of Bengal as province of Bengal. Lord Curzon
did not hide his real motive when he pointed out to the Muslims of Eastern
Bengal that the new province of Eastern Bengal and Assam was conceived as
a Muslim majority province. Partition of Bengal stimulated nation-wide
protest. It was opposed by all sections of Bengalees. Fierce agitation
ultimately compelled the British to re-partition. The two parts of Bengal
were again united. Bihar and Orissa were separated from Bengal Presidency
to from new province of Bihar. By a notification dated March 22, 1912 new
province of Bihar and Orissa was formed. However, still the said new
province of Bihar and Orissa was under the jurisdiction of Calcutta High
Court.
On February 9, 1916 in exercise of the powers under section
113 of the Government of India Act, 1915, the King of England issued
Letters Patent constituting High Court of Patna. Orissa was placed under
the jurisdiction of Patna High Court.
On May 18, 1916 Circuit Court
of Patna High Court for Orissa held its first sitting at Cuttack Shri
Madhu Sudan Das was then the President of the Cuttack Bar Association. It
his address wel-coming the Circuit Court he expressed hope that the
Circuit Court would become a permanent Bench for Orissa in near
future.
On April 1,1936 Orissa was made a separate province but no
separate High Court was provided for it. On July 26, 1938 the High Court
Bar Association at Cuttack adopted a Resolution demanding a separate High
Court for Orissa.
On February 11, 1939 a Resolution was moved in
the Legislative Assembly requesting the Government to constitute a
committee to examine the question of establishing a separate High Court in
Orissa.
By Resolution dated August 19, 1942 the Law Department of
the Government of Orissa appointed a committee with Shri Bira Kishore Ray
as Chairman, Sri C.M.Acharya, Sri Bichitrananda Das and Dr. Narasingha Rao
as members and Shri J.E.Meher as the Secretary.
Report of the
Committee was published for general information by Resolution No. 29440-J
dated December 27, 1943. The conclusion of the report was :
“ The
committee cannot conclude this report without considering two points which
are strictly speaking outside their terms of reference. The first concerns
of the Orissa States. It has long been hoped in British Orissa that a
joint High Court might be set up covering both the province and the
states. The Committee realise that there are constitutional difficulties
in the way, though they feel that these need not be insuperable, and that
this question is beyond the jurisdiction of the Provincial Government.
Nevertheless the practical advantages of the joint High Court are so
obvious that it must be mentioned. The second point is with regard to the
first judges of the High Court . They recommend that the first three
judges should be chosen – one from the English Bar, one from the Indian
Bar and one from the Indian Civil Service. They would prefer that the
Chief Justice should be member of the English Bar.
The Committee
has now reached the end of their task. It only remains to re-state the
conclusions which they have reached. They are
(1) That the creation
of a separate High Court would round off the organization of the Province
and lead to more speedy and convenient administration of
Justice.
(2) That the cost involved is not beyond the resources of
the revenue.
(3) That the work for disposal is sufficient to occupy
a Court of the type the Committee has suggested”.
In 1947 some
rules of Princely States in Orissa and Chhatisgarh adopted the Eastern
States Union Constitution Act, 1949 establishing a High Court with Head
Quarter at Rayagarh in Central Province with arrangements to hold Circuit
High Courts at Headquarters of some States.
On January 1, 1948
Feudatory States of Orissa excepting Mayurbhanj were merged with the
Province of Orissa. (Mayurbhanj was merged on January 1, 1949).
In
exercise of the powers conferred by Section 229(1) of the Government of
India Act, 1935, the Government of India on April 30, 1948 issued Orissa
High Court Order, 1948 declaring that from the 5th day of July, 1948 “
there shall be a Court of the Province of Orissa which shall be a Court of
Record:. Subsequently by Orissa High Court (Amendment) Orider, 1948 issue
on June 8, 1948, the date of establishment of High Court was changed from
5th day of July to 26th day of July, 1948.
On July 26, 1948 Orissa
High Court with Shri Bira Kishore Ray as the Chief Justice and Shri
B.Jagannadha Das, Shri L.Panigrahi and Shri R.L.Narasingham as Puisne
Judges was inaugurated by H.J.Kania, the then Chief Justice of the Federal
Court of India. Under the
jurisdiction of Orissa High Court there are 14 District Courts. The
strength of Judicial Officers as on to-day i.e.on 22.12.2010 are as
follows.
1. District Judge
: 98 (
DJ/ADJ/Spl.Post)
2.
Sr. Civil Judge
: 134
3. Civil Judge
:
263
4. Special Judicial
Magistrate :
18
5. Nyayadhikari of
Gram Nyayalayas :
8
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