The Kerala High Court Advocates' Association (KHCAA) has written to the Chief Justice of the High Court opposing the proposal to shift the Kerala High Court from its current location near Marine Drive in Kochi city to the suburb of Kalamassery, where the State has proposed the development of a "Judicial City."
The proposal envisions the development of a 'Judicial City' at Kalamassery, which would include constructing the High Court building, judges' residences, staff quarters, and lawyers' chambers. In its letter, the KHCAA expressed shock at learning about this proposal only through a communication from the Registrar (Administration) dated January 22, 2024.
In the letter addressed to Chief Justice AJ Desai, the lawyers' association also raised concerns that the decision appeared to have been made without consulting the bar. The letter stated that the General Body of the KHCAA had unanimously passed a resolution to oppose the relocation of the High Court from its current location. Additionally, the KHCAA questioned whether the Kerala government had the funds to complete the Judicial City project, especially considering its plea of financial incapacity in other matters before the High Court.
Among other issues, the KHCAA has requested clarification on whether the decision to relocate the High Court was final or merely a proposal under consideration. The association noted that the decision might have been misrepresented as final, causing distress among advocates.
The KHCAA mentioned that there was a meeting between the Chief Justice and the Chief Minister on November 9, 2023, during which the proposal to develop a 'Judicial City' was discussed. However, it was noted that, at the time, the Chief Justice was reported to have agreed to study the proposal rather than making a definitive decision. The association also highlighted that the main agenda for the November 2023 meeting was to discuss the potential allocation of 17.73 acres of land near the current High Court building.
The KHCAA also noted that a proposal to allocate the land in Kalamassary for the development of the High Court building was earlier rejected by a full court of the High Court.
The association highlighted substantial public funds have already been invested in the existing High Court building as well as the Kerala Judicial Academy.
"Nowhere in India has the High Court or Judicial Academy been constructed/ shifted in the manner it is being proposed in Kerala. The High Court is about 16 years old and Judicial Academy is just about 5 years old," the letter stated.
Instead of relocating to Kalamassery, the association has urged the High Court to pursue the allocation of nearby land currently under the state's Housing Board. This land is surrounded by buffer zones aimed at protecting eco-sensitive areas, making it unsuitable for commercial development and better suited for allocation to the High Court, the KHCAA stated.
Furthermore, the KHCAA has requested disclosure of any safety issues associated with the present High Court building, which may have influenced the proposal to relocate the building to another location.
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