The Calcutta High Court has directed the competent authority of the Andaman and Nicobar Administration to treat the Public Interest Litigation (PIL) as a representation and pass necessary orders upon hearing a representative of the petitioners regarding the the inaction on part of the Administration in ensuring smooth transit of the Advocates, who have to attend Courts at Campbell Bay, Nicobar Islands and Mayabunder.
The Port Blair Division Bench of Justice Shampa Sarkar and Justice Ananda Kumar Mukherjee disposed of a PIL filed by Advocates, espousing the cause of those litigants who are often faced with a situation, when their matters cannot be taken up in these courts due to the absence of their learned advocates.
The allegation is that the Advocates cannot get reservations in the helicopters and ships, which carry passengers to these islands. The seats are limited. It is urged that the litigants suffer as there was no guarantee that their learned advocates would be able to travel to these islands on the dates when the courts function. Normally, in the first week of every month except for the month of May, the Courts are held and Advocates travel from Port Blair to represent them in their cases. There was always an element of uncertainty.
KMB Jayapal , advocate appearing on behalf of the petitioners submitted that such issue had been raised before the Court on an earlier occasion and the Court had directed the Administration to take proper measures so that advocates could get some kind of priority when they travel to these islands exclusively for professional reasons, that is, to represent the islanders (litigants) before the courts of law.
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He further submitted that these courts were constituted to function in the first week of every month, except for the month of May, by order of the High Court.
Prayer is made that the court must accept this writ petition as a public interest litigation and pass necessary orders upon the Administration.
Shatadru Chakraborty, advocate appearing for the Administration submitted that the petition was not maintainable in its present form as there was not a single instance in the pleadings when an advocate could not attend a case in any of the courts held in the islands for not having been able to reserve a seat in the helicopters. In the absence of any specific instance where islanders (litigants) had suffered on account of their advocate’s absence, the court should not grant any relief.
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Be that as it may, as the Court found that the High Court itself had directed the establishment of Courts in these islands and the islands can only be accessed either by helicopter or by ship, the Administration must look into the matter with the seriousness it deserves and lay down a proper course/guidelines, governing such issues.
“The writ petition is disposed of with a direction upon the competent authority of the Andaman and Nicobar Administration to treat the writ petition as a representation and pass necessary orders upon hearing a representative of the petitioners and/or either of the petitioners. A reasoned order shall be passed and communicated to the petitioners”
-the order reads.
The Court directed that the entire exercise shall be completed within a period of two months from the date of communication of this order. The authority shall decide the issue independently and with the sensitivity that the problems discussed deserve. The court has not decided the claims and counterclaims of the parties.