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Vijay writes to PM to set up SC bench in Chennai

Chennai, Nov 4 (UNI) Tamil Nadu Chief Minister Vijay on Wednesday wrote to Prime Minister Narendra Modi urging him to fulfill the long pending demand of setting up a Supreme Court Bench in Chennai.
In a Demi-Official letter to the Prime Minister, he urged him to take up the issue afresh with the Supreme Court to reconsider its earlier stand finding no justification in this and obtain a favourable decision, considering the importance of Chennai among the South Indian states.
VIjay said establishment of a Supreme Court Bench in Chennai will reflect the true federal character of our Nation, the recommendation of the Standing Committees of Parliament in the years 2004, 2006, 2008 and recently in 2021; Law Commissions peports reiterating the need for permanent regional benches and establishment of a Bench will not affect the independence of the Judiciary since the control over the same will remain with the Chief Justice of India.
The Chief Minister said the request to set up a Bench of the Apex Court in Chennai was earlier mooted by the State during 1980, taking into consideration of the following factors--Article 130 of the Constitution of provides that “the Supreme Court shall sit in Delhi, or in such other place or places as the Chief Justice of India may, with the approval of the President, from time to time, decide”; It was being the subject matter of the conference of the Chief Justice held in 1979; the litigant public of the South India, inevitably need to go to New Delhi to get their grievance redressed; Chennai, being an important place in the South India, setting up of the Bench in Chennai would benefit all Southern States; the needs of proposed Supreme Court Bench at Chennai would be met, since the Bar Council of the High Court of Madras, Chennai is highly professionally talented and competent; and the Madras High Court in Chennai is one among the oldest chartered High Courts in India established during the year 1862.
However, the Full Court of Supreme Court in its meeting held on August 7, 2007 found no justification for deviating from its earlier resolutions on the subject, despite the State’s assurance that necessary infrastructure facilities including residential accommodation for the Supreme Court Judges befitting their status etc., would invariably be provided.
Vijay said "in this connection, I would like to add that when the constitution was enacted, the framers of the constitution contemplated that all citizens of this country, rich or poor must have direct access to the Court. It was the main reason for enactment of Article 32, a privilege not available in many other countries."
However, over the time, the remedy under Article 32 is practically available only to citizens who are geographically close to the Supreme Court of India and who are financially privileged to meet the cost of litigation and travel. Citizens located mainly in the South India is deprived of availing this remedy due to the sheer distance between the Southern States and New Delhi, the Chief Minister said.
He drew Mr Modi's attention to the fact that the establishment of Supreme Court Bench is one among the questions of law raised for consideration and reference to the Constitutional Bench for an authoritative pronouncement in the July 13, 2016 orders of the Supreme Court in the (V.Vasanthakumar Vs H.C.Bhatia and ORS.) case and accordingly, the same has been referred to the Five Member Constitution Bench of the Supreme Court headed by the Chief Justice, while urging him to take up the issue afresh with the Apex Court and obtain a favourable decision.
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