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Creation
Proclamation made by the Governor-General of India on the 22nd
March, 1912 the territories of Bihar and Orissa which were
formerly subject to and included within the limits of the
Presidency of Fort William in Bengal, were promoted to the status
of a separate province, and by Letters Patent, dated the 9th
February, 1916 the Patna High Court was ushered into existence
with Circuit sittings at Cuttack, and form the 26th February,
1916, the date on which the aforesaid Letters Patent was published
in the Gazette of India, the High Court of Judicature at Fort
William in Bengal ceased to exercise jurisdiction, Civil,
Criminal, Admiralty, Matrimonial, Testamentary and Intestate,
Enrolment, etc. in all matters in which jurisdiction was given to
the High Court of Judicature at Patna. Thus the ancient city of
Pataliputra had a High Court of its own in 1916 with Sir Edward
Maynard Des Champs Chamier, Kt. Barrister-at-Law as its first
Chief Justice and Sarvashri Saiyid Sharfuddin, Barrister-at-Law,
Edmund Pelly Chapman, I.C.S., Basant Kumar Mullick, I.C.S.,
Francis, Reginald Roe, I.C.S, Cecil Atkinson, barrister-at-Law and
Jwala Prasad, B.A., LL.B., as Puisne Judges.
Foundation
The foundation-stone of the High Court Building was laid on
Monday, the 1st December, 1913 by His Excellency the late Viceroy
and Governor-General of India, Lord Hardinge of Penshurst, who in
the memorable speech on the occasion said:
"The history which has led to the laying of this foundation-stone
is within the knowledge of you all, and I think you will agree
that when once it has been determined that Bihar and Orissa should
be promoted to the status of a separate province, it would be an
administrative anomaly that its people should still have to carry
on their litigation at a place beyond its limits where the obvious
inconvenience of distance, cost and time are enhanced by the
disabilities of a different atmosphere and different vernacular…….
I now proceed to lay this stone in full confidence that upon
people of this province. I feel assured that within its walls in
future days justice will be administered with courage and
impartiality to the terror of evil-doers, and to the triumph of
every cause which is right and true, so that the High Court of
Bihar shall earn a name for sound sense and good law."
Opening
The Patna High Court building on its completion was formally
opened by the same Viceroy in a durbar held for the purpose on
Thursday. The 3rd February, 1916. On this occasion Lord Hardinge
made the following observations :-
"I am about to perform an almost unique duty and one which I do
not think has fallen to the lot of any previous Viceroy…. I think
when I look at this fine building that the people of this province
may congratulate themselves in many ways on their new institution.
It will be itself is an emblem of the great, and, perhaps, even
weightier, in its decision as between the individual and the
State………. With my most earnest wishes that the labour of this
Court may be inspired with wisdom, justice and mercy I will now
proceed to open the building."
The High Court actually commenced work from the 1st March, 1916.
On that day the Hon’ble Judges wore full court dress. They were
robed in red gowns, wigs, black knee breeches, black silk
stockings and buckled patent leather shoes. Exactly at 10.35 the
Judges entered the Chief Justice’s Court room and took their seats
on red morocco stuffed armless chairs on the dais. The Registrar
of the Court, the Commissioner of the Division, the Commissioner
of Excise and Registration and some local high officials took
their seat on the dais behind the Judges. The Judges were welcomed
on behalf of the Bar by Maulana Mazharul Haq, Barrister-at-Law.
The Hon’ble the Chief Justice then announced the establishment of
a High Court of Judicature for the province of Bihar and Orissa
and the transfer of Jurisdiction Hitherto exercised in the
province by the High court of Judicature at Fort William in Bengal
to this Court.
Expansion
The Patna High Court started its work in 1916 with the Chief
Justice and six puisne Judges. In the year 1947, the sanctioned
strength of the Court was nine permanent and three additional
Judges. Though a separate province for Orissa was created in the
year 1937, this High Court exercised jurisdiction over the
territories of that province till 26th July, 1948, when a separate
High Court was constituted for Orissa. Even after the constitution
of the Orissa High Court, the sanctioned strength of Judges for
this Court remained the same. In February, 1950, the three posts
of Additional Judges were made permanent. The post of the 13th
permanent Judge in was sanctioned in September, 1952, and that of
the 14th permanent Judge in January, 1956. Since then there has
been no increase in the sanctioned strength of the permanent
Judges of the Court. Four posts of Additional Judges have also
been sanctioned from time to time since July, 1957. In November,
1965 there were 14 permanent Judges, including the Chief Justice
and three Additional Judges.
In the year 1916, when the Patna High Court was created, there
were 11 judgeships under its control in Bihar and one in Orissa.
In the year 1947, there were 13 judgeships in Bihar, Orissa having
already been constituted into a separate province with a separate
High Court of its own in 1948. The judgeships of Hazaribagh and
Palamau were created on 4th April, 1949 and 18th July, 1960
respectively. Formerly, there was only one judgeship for the
districts of Manbhum and Singhbhum with headquarters at Purulia.
After the transfer of a portion of the district of Manbhum
including Purulia to West Bengal, the remaining portion of the
Manbhum district, thereafter, known as the district of Dhanbad,
and the district of Singhbhum were formed into a new judgeship and
sessions Division with effect from the 1st November, 1956 with
headquarters at Dhanbad. On 4th February, 1960 a separate
judgeship for Singhbhum was created with headquarters at Chaibasa.
There are thus 16 judgeships at present as against 17 districts. A
separate judgeship for Saharsa has also been sanctioned. It has
not started functioning yet as the construction of buildings, both
office and residential, for the District and Sessions Judge is
still to be completed. This district is at present linked up with
the judgeship of Bhagalpur. With the creation of a separate
judgeship for Saharsa the number of judgeship under the control
and supervision of the High Court would be increased to 17.
Post Independence
In 1947 India attained Dominion status. On 26th January, 1950, it
became a Republic. India has framed its own Constitution and the
Judiciary has been charged with responsibility of protecting the
individual rights of liberty and property guaranteed under the
Constitution. Problems of complexity and questions of great
significance have cropped up before the Court and they have been
subject of most searching analysis and debate, and have been
solved in many cases in an admirable manner. The jurisdiction and
powers of the High Court have been considerably enlarged.
Under Article 226 of the Constitution the High Court has been
empowered to issue writs, direction or orders in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari
for the enforcement of any of the rights conferred by Part III of
the Constitution and for any other purpose, and, under Article 235
of the Constitution the control over district courts and courts
subordinate thereto including the personnel of these courts has
also vested in this Court. The scheme of separation of executive
and judicial functions was introduced for the first time on 3rd
January, 1950 in the districts of Patna and Shahabad. It has since
been introduced in all the districts of the State. This scheme is
based on the Meredith Committee Report and on the report of Shri
Kanhaiya Singh. This scheme envisages that all magistrates and
Munsif-Magistrates trying criminal cases should be under the
control of the High Court through the Sessions Judges and that the
District and the Subdivisional Magistrates should not have
anything further to do with a criminal case after it has been
transferred for trial to munsif or a Judicial Magistrate.
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