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After Indian got its independence, the Assam Legislative Assembly adopted a resolution on 9 September 1947 that a High Court be established for the Province of Assam. The High Court of Assam was inaugurated on 5 April 1948. It initially had its sittings at Shillong but shifted to Guwahati on 14 August 1948. When Nagaland state was created on 1 December 1963, the Assam High Court was renamed as the High Court of Assam and Nagaland. When Manipur got its statehood on January 21, 1972; the Imphal Bench of the Gauhati High Court also came into existence with its Principal Seat at Guwahati in neighboring Assam. A common High Court was established for the five North-Eastern States of Assam, Nagaland, Manipur, Meghalaya and Tripura and the then two Union Territories of Mizoram and Arunachal Pradesh following the re-organization of the North-Eastern region by the North Eastern Area (Re-organization) Act, 1971. Later in 1992, a Permanent Bench of the Gauhati High Court at Imphal was established. Following the swearing in of Justice Ahay Manohar Sapre as Chief Justice of the Manipur High Court and N. Kotiswor, a judge of the Imphal bench of the Gauhati High Court, as a Judge of the Manipur High Court at Raj Bhavan last week, the people of the state along with the people in neighboring Tripura and Meghalaya can take pride in having their own State High Courts. For long, the people of the state have had to resort to spending more time, energy and financial resources while pursuing their legal wrangles and cases in Guwahati. For many, the burden of having to travel to Guwahati took its toll either physically and mentally in case surface transport was taken or in the case of travel by flights, the cost factor would come into play.
Even as the Government is yet to appoint a second judge for the High Court, there is a sense of hope that the High Court of the State will make a positive mark in taking up legal matters of the people of the state. While the steps towards the State High Court has arguably taken its own time with pressure being put on by various stakeholders including from the legal fraternity in the state which had taken up various forms of agitation while making its demands for its say in the number of judges being appointed, there is no doubt that a lot of gaps still exist in the legal set up and systems existing in the state. There are only two district courts in the state and people from the hill districts specially have to go through the rigor of traveling to Imphal and go to Courts, sometimes to be told that their lawyers or judges have adjourned hearings. Even with the two district courts, the existing support mechanisms from the law enforcement department still leaves a lot to be desires with many instances where witnesses or even prisoners have been left stranded either at the Court complexes or at Jails while awaiting for police vehicles to ferry them back and forth. The assurances that efforts will be given to expedite legal cases and that technology will be used to update case progress is music to the ears.
The other side of the story also has its share of thorns and negativity. Earlier, The Manipur High Court Bar Association’s had gone into agitation mode demanding appointment of judges to the Manipur HC from among the local lawyers and judicial officers. But the merit of this argument as a demand can only be on the basis of legal experience and due qualifications. The appointment of N. Kotiswor, earlier a judge of the Imphal bench of the Gauhati High Court and who has also been the Advocate General for the State as a Judge with the Manipur High Court now is proof that with the qualification and experience comes the recognition and position that is due. Any other ground for the remaining Judge to be necessarily from the state would be unfair. The legal fraternity in the state must also look within and take stock of whether they have been able to imbibe a sense of confidence in the people of the state over their role in rendering justice. Infrastructures can be factored in and institutions can be built but along with them, there is an imperative need for more commitment and doggedness to the cause called justice.
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