The idea mooted by CJ Swatanter Kumar to use the Central Court to conduct hearings instead of historic courtroom number 52, has met opposition from lawyers.
Contention has always occupied centrestage at Bombay High Court’s majestic Central Court or courtroom number 46. The idea mooted by Chief Justice Swatanter Kumar to use the Central Court to conduct hearings instead of historic courtroom number 52, where chief justices have traditionally sat, has met with stiff opposition from lawyers.
Restoration work at the Central Court, where Lokmanya Tilak was tried for treason in 1908, began during the May vacation. However as word spread that it was slated to become the First Court — the court where the chief justice presides, rumblings began. Some lawyers even started a signature campaign to express opposition.
Sensing discontent Kumar called a meeting with representatives of the lawyers’ associations last week and on being informed about the opposition, he said that he did not want a controversy and even if a small section of the lawyers was opposing the idea he was willing to reconsider the move.
History and tradition lies at the heart of this controversy. Nestled on the second floor of the high court building, the courtroom 52 has traditionally been the seat for all chief justices. “This is the courtroom where justice MC Chagla, the first Indian high court chief justice (1947-1958) sat,” said CR Dalvi, a senior lawyer who has been practicing here for over 50 years.
In fact British chief justices too sat in this room as the Central Court was used to conduct criminal trials in those days.
The Central Court, the largest and the grandest courtroom at the 129-year-old Gothic black-stone high court building, was reserved by the British for high-profile cases. Tilak’s words on hearing about his six-year sentence are etched in marble outside the Central Court.
Today the Central Court, with its 40-feet high ceiling and a Burma teak viewing gallery is used for hearing cases involving large number of litigants, hosting official functions and swearing-in ceremonies of judges. “Its capacity to accommodate large numbers could be one of the reasons why the chief justice wanted to shift from the cramped courtroom 52,” said lawyer CU Singh.
However, senior lawyer Seema Sarnaik said, “The high court has a tradition of assigning courtrooms to judges as per their seniority and not administrative convenience.”
Justice Chagla’s marble statue also stands tall at the entrance of courtroom 52 and several eminent landmark judgements were delivered here. “The high court and the Bar are custodians of the city’s heritage. We must tread carefully,” senior lawyer Rajni Iyer said.
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