Devajit Lon Saikia Clarifies Legal Basis of Gauhati High Court Shift, Dismisses Misleading Narratives

Senior advocate and former Advocate General of Assam Devajit Lon Saikia firmly defended the decision-making process behind the proposed relocation and expansion of the Gauhati High Court calling recent allegations and protest narratives factually incorrect and misleading.Saikia, who has been practicing at the Gauhati High Court since 1997 stated that in 2023, under the leadership of then Chief Justice Sanjiv Meheta the Gauhati High Court had taken a full court decision on infrastructure requirements and future expansion. Based on this collective and integral decision, the Assam government was formally approached. He rejected claims suggesting that no such decision was taken by the High Court leadership, asserting that such statements distort

facts and create unnecessary confusion.

Gauhati High Court

Addressing concerns over forest land and infrastructure, Saikia clarified that the proposed move has no connection with forest land issues and is backed by due consultation and constitutional provisions. He said the decision was taken after detailed deliberation with the full court team and strictly follows established legal and constitutional procedures.Referring to the legal framework Saikia cited an order issued by the Governor published for general information which clearly outlines the authority governing the seat of the High Court. Under Section 229 1 of the Government of India Act 1935 as adopted by the Indian Provincial Order Amendment 1948 the Chief Justice is empowered to decide the place where the High Court shall sit subject to the approval of the Governor.He added that this constitutional provision has guided the functioning and expansion of the High Court over the years.Saikia also recalled that in 2022, discussions were held regarding judicial infrastructure at Boragaon, including the CJM court On November 25 2022, during the third resolution, it was resolved that the Guwahati Bar Council had no objection to the shifting of the court following due deliberationHighlighting current challenges, he pointed out that nearly 4000 to 5000 advocates are regularly associated with the Gauhati High Court while even registry staff face severe issues such as lack of parking and space constraints.While acknowledging the heritage value of the existing High Court complex, including the Chief Justices official residence Saikia said that a replica High Court complex at Rangmahal has been proposed to preserve heritage while addressing modern infrastructure needs.Drawing national parallels, Saikia cited examples of the Kerala High Court and Bombay High Court where expansion and relocation of judicial functions were undertaken due to space and infrastructure constraints. He noted that the High Court has urged the government to act at the earliest possible time and has expressed gratitude for its cooperation and supportRaising concerns over ongoing and past dharnas, Saikia observed the presence of political personalities in protests suggesting political colouring and vested interests especially with Assembly elections approaching.He made it clear that if any petition with specific allegations is filed before a competent court, it will be legally addressed. Arguments based purely on inconvenience are subjective and cannot determine the suitability of a site. Saikia also warned that young advocates and the general public are being misled hinting at a possible nexus with political activities. Refuting claims of divided support among lawyers, he stated that documentary evidence shows the Gauhati Advocate Association is supporting the move contrary to certain assertions.Concluding, he said that the 2022 decision to establish an integrated judicial complex reflects the combined and constructive efforts of both the Gauhati High Court and the Assam government aimed at strengthening judicial infrastructure for the future