 |
Proclamation made by the Governor-General of India on the
22nd March, 1912 the territories of Bihar and Orissa
which were formerly subject to and included within the limits
of the Presidency of Fort William in Bengal, were promoted
to the status of a separate province, and by Letters Patent,
dated the 9th February, 1916 the Patna High Court
was ushered into existence with Circuit sittings at Cuttack,
and form the 26th February, 1916, the date on which
the aforesaid Letters Patent was published in the Gazette
of India, the High Court of Judicature at Fort William in
Bengal ceased to exercise jurisdiction, Civil, Criminal, Admiralty,
Matrimonial, Testamentary and Intestate, Enrolment, etc. in
all matters in which jurisdiction was given to the High Court
of Judicature at Patna. Thus the ancient city of Pataliputra
had a High Court of its own in 1916 with Sir Edward Maynard
Des Champs Chamier, Kt. Barrister-at-Law as its first Chief
Justice and Sarvashri Saiyid Sharfuddin, Barrister-at-Law,
Edmund Pelly Chapman, I.C.S., Basant Kumar Mullick, I.C.S.,
Francis, Reginald Roe, I.C.S, Cecil Atkinson, barrister-at-Law
and Jwala Prasad, B.A., LL.B., as Puisne Judges.
The foundation-stone of the High Court Building was laid on
Monday, the 1st December, 1913 by His Excellency
the late Viceroy and Governor-General of India, Lord Hardinge
of Penshurst, who in the memorable speech on the occasion
said:
"The history which has led to the laying of this foundation-stone
is within the knowledge of you all, and I think you will agree
that when once it has been determined that Bihar and Orissa
should be promoted to the status of a separate province, it
would be an administrative anomaly that its people should
still have to carry on their litigation at a place beyond
its limits where the obvious inconvenience of distance, cost
and time are enhanced by the disabilities of a different
atmosphere
and different vernacular……. I now proceed to lay this stone
in full confidence that upon people of this province. I feel
assured that within its walls in future days justice will
be administered with courage and impartiality to the terror
of evil-doers, and to the triumph of every cause which is
right and true, so that the High Court of Bihar shall earn
a name for sound sense and good law."
The Patna High Court building on its completion was formally
opened by the same Viceroy in a durbar held for the
purpose on Thursday. The 3rd February, 1916. On
this occasion Lord Hardinge made the following observations
:-
"I am about to perform an almost unique duty and one
which I do not think has fallen to the lot of any previous
Viceroy…. I think when I look at this fine building that the
people of this province may congratulate themselves in many
ways on their new institution. It will be itself is an emblem
of the great, and, perhaps, even weightier, in its decision
as between the individual and the State………. With my most earnest
wishes that the labour of this Court may be inspired with
wisdom, justice and mercy I will now proceed to open the building."
The High Court actually commenced work from the 1st
March, 1916. On that day the Hon’ble Judges wore full court
dress. They were robed in red gowns, wigs, black knee breeches,
black silk stockings and buckled patent leather shoes. Exactly
at 10.35 the Judges entered the Chief Justice’s Court room
and took their seats on red morocco stuffed armless chairs
on the dais. The Registrar of the Court, the Commissioner
of the Division, the Commissioner of Excise and Registration
and some local high officials took their seat on the dais
behind the Judges. The Judges were welcomed on behalf of the
Bar by Maulana Mazharul Haq, Barrister-at-Law. The Hon’ble
the Chief Justice then announced the establishment of a High
Court of Judicature for the province of Bihar and Orissa and
the transfer of Jurisdiction Hitherto exercised in the province
by the High court of Judicature at Fort William in Bengal
to this Court.
The Patna High Court started its work in 1916 with the Chief
Justice and six puisne Judges. In the year 1947, the
sanctioned strength of the Court was nine permanent and
three additional Judges. Though a separate province for
Orissa was created in the year 1937, this High Court
exercised jurisdiction over the territories of that province
till 26th July, 1948, when a separate High Court was
constituted for Orissa. Even after the constitution of the
Orissa High Court, the sanctioned strength of Judges for
this Court remained the same. In February, 1950, the three
posts of Additional Judges were made permanent. The post of
the 13th permanent Judge was sanctioned in September, 1952,
and that of the 14th permanent Judge in January, 1956. Since
then there has been no increase in the sanctioned strength
of the permanent Judges of the Court. Four posts of
Additional Judges have also been sanctioned from time to
time since July, 1957. In November, 1965 there were 14
permanent Judges, including the Chief Justice and three
Additional Judges. At present there are 29 permanent Judges
including the Chief Justice and 14 Additional Judges.
In the year 1916, when the Patna High Court was created,
there were 11 judgeships under its control in Bihar and one
in Orissa. In the year 1947, there were 13 judgeships in
Bihar, Orissa having already been constituted into a
separate province with a separate High Court of its own in
1948. The judgeships of Hazaribagh and Palamau were created
on 4th April, 1949 and 18th July, 1960 respectively.
Formerly, there was only one judgeship for the districts of
Manbhum and Singhbhum with headquarters at Purulia. After
the transfer of a portion of the district of Manbhum
including Purulia to West Bengal, the remaining portion of
the Manbhum district, thereafter, known as the district of
Dhanbad, and the district of Singhbhum were formed into a
new judgeship and sessions Division with effect from the 1st
November, 1956 with headquarters at Dhanbad. On 4th
February, 1960 a separate judgeship for Singhbhum was
created with headquarters at Chaibasa. There are thus 16
judgeships at present as against 17 districts. A separate
judgeship for Saharsa has also been sanctioned. With the
creation of a separate judgeship for Saharsa the number of
judgeship under the control and supervision of the High
Court would be increased to 17.
On 15th November, 2000 on the bifurcation of the
erstwhile State of Bihar, a new State of Jharkhand came in
the existence and 13 Judgeships remained with the newly
created State of Jharkhand. At present there are altogether
31 Judgeship in the State of Bihar with the creation of
Jamui and Sheohar Judgeship in the yrs. 2005 and 2012
respectfully.
In 1947 India attained Dominion status. On 26th
January, 1950, it became a Republic. India has framed its
own Constitution and the Judiciary has been charged with responsibility
of protecting the individual rights of liberty and property
guaranteed under the Constitution. Problems of complexity
and questions of great significance have cropped up before
the Court and they have been subject of most searching analysis
and debate, and have been solved in many cases in an admirable
manner. The jurisdiction and powers of the High Court have
been considerably enlarged.
Under Article 226 of the Constitution the High Court has been
empowered to issue writs, direction or orders in the nature
of habeas corpus, mandamus, prohibition, quo warranto and
certiorari for the enforcement of any of the rights conferred
by Part III of the Constitution and for any other purpose,
and, under Article 235 of the Constitution the control over
district courts and courts subordinate thereto including the
personnel of these courts has also vested in this Court. The
scheme of separation of executive and judicial functions was
introduced for the first time on 3rd January, 1950
in the districts of Patna and Shahabad. It has since been
introduced in all the districts of the State. This scheme
is based on the Meredith Committee Report and on the report
of Shri Kanhaiya Singh. This scheme envisages that all magistrates
and Munsif-Magistrates trying criminal cases should be under
the control of the High Court through the Sessions Judges
and that the District and the Subdivisional Magistrates should
not have anything further to do with a criminal case after
it has been transferred for trial to munsif or a Judicial
Magistrate. |
|
