Bombay High Court’s Kolhapur circuit bench to begin functioning from August 18

Over 16,000 advocates from six state districts to benefit; move expected to reduce Bombay HC’s load by 60 per cent; Bar association members from these districts, overwhelmed by the development, credit the milestone to Chief Justice of India Bhushan Gavai

Kolhapur circuit bench of Bombay HC to start on August 18

Advocates hail CJI Bhushan Gavai for greenlighting long-pending demand. REPRESENTATION PIC/ISTOCK

Come August 18, the long-awaited circuit bench of the Bombay High Court will finally become a reality, bringing much-needed relief to over 16,000 practicing advocates across six districts of southern Maharashtra — Kolhapur, Sangli, Satara, Solapur, Ratnagiri, and Sindhudurg, after more than four decades of persistent demand. Bar association members from these districts, overwhelmed by the development, credit the milestone to Chief Justice of India Bhushan Gavai.

mid-day had earlier reported on the Bar's demand for a circuit bench. In its March 19, 2022 article titled ‘Need a Bombay HC bench at Kolhapur, lawyers demand,’ the newspaper highlighted that the demand was rooted in the principles outlined in the Preamble of the Constitution — to secure social, economic, and political justice.

A follow-up article dated June 9, 2023, titled ‘Demand for circuit bench of Bombay HC in Kolhapur faces another setback,’ noted that the demand had gained momentum in March 2022, when then Chief Minister Uddhav Thackeray wrote to the Chief Justice of the Bombay High Court, offering a ray of hope to advocates and litigants.

On August 1, Chief Justice of the Bombay High Court, Alok Aradhe, issued the official directives formalising the establishment of the circuit bench.

Historic milestone

Advocate VR Patil

Advocate VR Patil, president of the Bar Association of Kolhapur, said, “We are very excited. This has been possible only due to the intervention and support of Chief Justice of India Hon'ble Bhushan Gavai. It is solely because of the CJI that our decades-old demand has been acknowledged. Earlier, people had to travel all the way to Mumbai, which led to delays in justice — especially for the poor and innocent, who couldn’t afford such travel.”

Advocate Girish Khadake

Advocate Girish Khadake, former president of the Kolhapur District Bar Association and ex-member of the Bombay High Court Circuit Bench Action Committee for Six Districts, said, “We have been demanding this bench for the past 43 years, and it’s finally happening. Full credit goes to Chief Justice of India Bhushan Gavai for playing a crucial role in making this possible.”

“The single bench will handle matters such as anticipatory bail, regular bail, and first and second appeals. The division bench will take up writ petitions, FIR quashing, and public interest litigations,” Khadake explained.

Impact on case backlog

“This move will reduce the workload of the Bombay High Court by nearly 60 per cent. Only cases from Mumbai, Pune, and Nashik will continue at the principal bench in Mumbai,” said Khadake.

A total of 200 new staff members will be recruited. The circuit bench will operate fully from 10 am to 5 pm. Live-streaming provisions are also expected to be introduced.

“The bench will operate from a renovated heritage building. The division bench will occupy a single floor of the old court building, while the single benches will be housed on the first three floors of an adjacent four-storey tower. The fourth floor has been converted into a Bar Room,” Khadake said.

“The entire Kolhapur district and adjoining areas will gain immensely, especially in the resolution of civil and criminal cases,” Khadake added.

Circuit bench vs permanent bench

When asked why a circuit bench was preferred over a permanent one, Khadake explained, “A circuit bench — or circuit court — is a temporary court that operates during select months of the year. Once operational, a circuit bench can eventually be converted into a permanent bench.”

He further mentioned that the Kolhapur Municipal Corporation has already reserved 27 acres of land for the construction of a permanent Bombay High Court bench in the future.

Legal access expanded

Advocate Jamshed Mistry

Advocate Jamshed Mistry, who practices in the Bombay High Court, said, “This fulfils a long-standing demand by advocates and litigants from the region. It will eliminate the need for local lawyers to travel to Mumbai for appearances before the principal bench. We look forward to appearing before the new bench in Kolhapur.”

What the law commission says

Paragraphs 1.8, 1.9, and 1.10 of Chapter 1 of the 230th Report of the Law Commission of India:

Para 1.8:
“It is also necessary that the work of the High Courts is decentralised — that is, more benches are established in all states. If there is a manifold increase in the number of judges and staff, all cannot be housed on a single campus. Therefore, establishing new benches is necessary and in the interest of litigants. The benches should be located so that litigants are not required to travel far.”

Para 1.9:

"While setting up new establishments does require funding, it is a necessary development measure — especially given the country’s ongoing efforts at holistic growth. Money should not be an obstacle. The interests of litigants must be prioritized. We must remember that judges and advocates exist to serve the cause of the litigants.”

Para 1.10:

“At times, some advocates object to the creation of new benches or the selection of locations for new court buildings. However, such objections often stem from personal or limited interests. The creation of new benches is ultimately beneficial to both litigants and lawyers, and a start must be made somewhere.”