Uttarakhand High Court

Last updated

Uttarakhand High Court
Uttarakhand High Court
29°23′45″N79°26′52″E / 29.3958°N 79.4477°E / 29.3958; 79.4477
EstablishedNovember 9, 2000;24 years ago (2000-11-09)
Jurisdiction Uttarakhand
Location Nainital, Uttarakhand
Coordinates 29°23′45″N79°26′52″E / 29.3958°N 79.4477°E / 29.3958; 79.4477
Composition method Presidential with confirmation of Chief Justice of India and Governor of Uttarakhand
Authorised by Constitution of India
Judge term lengthmandatory retirement by age of 62
Number of positions 11
(9 Permanent Judges + 2 Additional Judges)
Website Uttarakhand High Court
Chief Justice
Currently Guhanathan Narendar
Since26 December 2024

The Uttarakhand High Court is the High Court of the state of Uttarakhand in India. The Uttarakhand High Court was established on 9 November 2000 after the separation of the state of Uttarakhand from Uttar Pradesh. [1]

Contents

The sanctioned judge strength at the time of creation in 2000 was 7; this was increased to 9 in 2003. Justice Ashok Desai was the inaugural holder of the office. Former Chief Justices of Uttarakhand Sarosh Homi Kapadia and Jagdish Singh Khehar later went on to become Chief Justice of India.

History

The Uttarakhand High Court is a relatively new addition to India's judiciary system. The building of Uttarakhand High Court was constructed by Santoni MacDonald in 1900.

Uttarakhand was carved out from the state of Uttar Pradesh on 9 November 2000 under the Uttar Pradesh Reorganisation Act, 2000. At the time of the creation of the state, the High Court of Uttarakhand was also established on the same day.

The Uttarakhand High Court is located in Nainital, a scenic hill station in the Kumaon region of the state. [1]

The High Court consisted of just five court rooms at the beginning but later more court rooms were added. A huge Chief Justice Court Block and a Block of Lawyers’ chambers were built in 2007. [2]

Landmark judgements

In March 2017, Uttarakhand High Court's single-judge bench presided by Justice Rajeev Sharma, mandated that the rivers Ganges and Yamuna as well as all water bodies are "living entities" i.e. "legal person", and appointed 3 persons as trustees to protect the rights of rivers against the pollution caused by the humans. [3]

Rohit Sagar v. State of Uttarakhand

Rohit Sagar v. State of Uttarakhand (2021) is a case where Uttarakhand High Court's two-judges bench presided by Chief Justice Raghvendra Singh Chauhan and Justice Narayan Singh Dhanik, held that the legal adults have the fundamental right to choose their own partners, and directed the Uttarakhand Police to provide necessary protection for the individuals and their property. [4] [5]

List of sitting judges of the Uttarakhand High Court

There are currently seven sitting judges including the Chief Justice, with four posts of judges lying vacant. [6] Following is the list of the current serving judges of the Uttarakhand High Court, ordered by seniority.

No.NameDate of AppointmentDate of RetirementType of VacancyParent High Court
Permanent Judges
1 Guhanathan Narendar (CJ)
26 December 2024
9 January 2026 Bar Karnataka
2 Manoj Kumar Tiwari 19 May 201718 September 2027Uttarakhand
3 Ravindra Maithani 3 December 201824 June 2027 Bench
4 Alok Kumar Verma 27 May 201915 August 2026
5 Rakesh Thapliyal 28 April 202314 November 2027 Bar
6 Pankaj Purohit 27 July 2030
7 Vivek Bharti Sharma 12 June 2025 Bench
8Vacant
9Vacant
Additional Judges
10Vacant
11Vacant

Registrar General

Kahkasha Khan is the current Registrar General of the Uttarakhand High Court. She assumed office on 1 July 2024.

List of Uttarakhand High Court judges elevated to the Supreme Court of India

Sr. NoPortraitNameDate of ElevationDate of RetirementParent High Court
1 PC Pant.jpg Prafulla Chandra Pant 13 August 201429 August 2017Uttarakhand
2 Justice Sudhanshu Dhulia.jpg Sudhanshu Dhulia 9 May 20229 August 2025

List of Uttarakhand High Court judges elevated as Chief Justice to other high courts

Sr. NoNameDate of ElevationDate of RetirementParent High CourtRemark
1 Prafulla Chandra Pant 20 September 2013Elevated to the Supreme Court of India

Retired on 29 August 2017

UttarakhandChief Justice of the Meghalaya High Court
2 Vijay Kumar Bist 30 October 201816 September 2019Chief Justice of the Sikkim High Court
3 Sudhanshu Dhulia 10 January 2021Elevated to the Supreme Court of India

Retires on 9 August 2025

Chief Justice of the Gauhati High Court

See also

Related Research Articles

<span class="mw-page-title-main">Supreme Court of India</span> Highest court of jurisdiction in India

The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review. The Supreme Court, which consists of the chief justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original, appellate and advisory jurisdictions.

<span class="mw-page-title-main">Bombay High Court</span> High court of Maharashtra and Goa states

The High Court of Bombay is the high court of the states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily at Mumbai, and is one of the oldest high courts in India. The High Court has circuit benches at Nagpur and Aurangabad in Maharashtra and Porvorim,

The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL). It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer. It is a relaxation on the traditional rule of locus standi. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.

The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of peculiar or territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated, especially by the constitution, a state law or union law.

<span class="mw-page-title-main">Allahabad High Court</span> High court in the Indian state of Uttar Pradesh

Allahabad High Court, officially known as High Court of Judicature at Allahabad, is the high court based in the city of Prayagraj, formerly known as Allahabad, that has jurisdiction over the Indian state of Uttar Pradesh. It was established on 17 March 1866, making it one of the oldest high courts to be established in India.

<span class="mw-page-title-main">Gujarat High Court</span> High Court for the State of Gujarat

The Gujarat High Court is the High Court of the state of Gujarat. It was established on 1 May 1960 under the Bombay Re-organisation Act, 1960 after the state of Gujarat split from Bombay State.

<span class="mw-page-title-main">Karnataka High Court</span> High Court for Indian state of Karnataka at Bengaluru

The High Court of Karnataka is the High Court of the Indian state of Karnataka and thus its highest judicial authority. The court's principal bench is located in Bengaluru, the capital city of Karnataka, with additional benches in Hubballi-Dharwada and Kalaburagi. It was previously called the High Court of Mysore. In Bengaluru, the High Court functions out of a red-painted brick building known as the Attara Kacheri, located opposite the Vidhana Soudha, the seat of the Karnataka Legislature.

<span class="mw-page-title-main">Kerala High Court</span> High Court in Kerala, India

The High Court of Kerala is the highest court in the Indian state of Kerala and the Union territory of Lakshadweep. It is located in Kochi. Drawing its powers under Article 226 of the Constitution of India, the High Court has the power to issue directions, orders and writs including the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari for ensuring the enforcement of the Fundamental Rights guaranteed by the Constitution to citizens or for other specified purposes. The High Court is empowered with original, appellate and revisional jurisdiction in civil as well as criminal matters, and the power to answer references to it under some statutes. The High Court has the superintendence and visitorial jurisdiction over all courts and tribunals of inferior jurisdiction covered under its territorial jurisdiction.

The Rampur Tiraha firing case refers to police firing on unarmed Uttarakhand statehood activists at Rampur Tiraha (crossing) in Muzaffarnagar district in Uttar Pradesh in India on the night of 2 October 1994.

<span class="mw-page-title-main">Government of Uttar Pradesh</span> Indian State Government

The Government of Uttar Pradesh is the subnational government of the Indian state of Uttar Pradesh with the governor as its appointed constitutional head of the state by the President of India. The Governor of Uttar Pradesh is appointed for a period of five years and appoints the Chief Minister of Uttar Pradesh and their council of ministers, who are vested with the executive powers of the state. The governor remains a ceremonial head of the state, while the chief minister and their council are responsible for day-to-day government functions.

<span class="mw-page-title-main">Jagdish Singh Khehar</span> Indian jurist (born 1952)

Jagdish Singh Khehar is an Indian jurist, who served as the 44th Chief Justice of India from 4 January 2017 to 27 August 2017. He was the first Sikh Chief Justice of India. He has been a judge in Supreme Court of India from 13 September 2011 to 27 August 2017 upon superannuation. He served for a brief period but gave many landmark judgements such as the Triple Talaq and the Right to Privacy verdict. He was succeeded by Justice Dipak Misra.

<span class="mw-page-title-main">Prafulla Chandra Pant</span> Indian judge (born 1952)

Prafulla Chandra Pant is an Indian judge and author who served as a judge of the Supreme Court of India from 2014 to 2017. He later served as a member of the National Human Rights Commission of India from 2019 to 2021, and briefly acted as its chairperson. Prior to his appointment as a judge of the Supreme Court of India, he had previously served as chief justice of the Meghalaya High Court at Shillong and as a judge of the Uttarakhand High Court at Nainital.

<span class="mw-page-title-main">Pankaj Mithal</span> Judge of Supreme Court of India

Pankaj Mithal is a Judge of The Supreme Court of India. He is the former Chief Justice of the Rajasthan High Court. Previously, he has also served as the Chief Justice of the Jammu & Kashmir and Ladakh High Court and Judge of the Allahabad High Court.

<span class="mw-page-title-main">Sudhanshu Dhulia</span> Indian judge (born 1960)

Sudhanshu Dhulia is a judge of the Supreme Court of India. He is former chief justice of the Gauhati High Court and judge of the Uttarakhand High Court.

Justice Ravindra Maithani is an Indian Judge at the High Court of Uttarakhand at Nainital since December 2018. He is due to retire not earlier than June 2027.

<i>Sultana Mirza v. State of Uttar Pradesh</i> Indian LGBT Rights Case Law

Sultana Mirza &Anr. v. State Of Uttar Pradesh &Ors. (2020), a decision of the Allahabad High Court, established that the Constitutional Court bears the responsibility of overseeing and upholding both constitutional morality and the rights of citizens, particularly when these rights are endangered solely due to their sexual orientation.

<i>Rohit Sagar v. State of Uttarakhand</i> Indian LGBT Rights Case Law

Rohit Sagar &Anr. versus State of Uttarakhand &Ors.(2021), a decision of the Uttarakhand High Court, established the right of legal adults to select their own partners and instructed the police to ensure the couple's safety and safeguard their property.

<i>Ujjawal v. State of Haryana</i> Indian LGBT Rights Case

Ujjawal &Anr. versus State of Haryana&Ors.(2021), a case where Punjab and Haryana High Court, refused to provide police protection to a couple facing threat to their lives and personal liberty, citing potential disruption to "social fabric of the society."

References

  1. 1 2 "Uttaranchal High Court Inaugurated". Zee News. 9 November 2000.
  2. "About us: HIGH COURT OF UTTARAKHAND".
  3. Birds to holy rivers: A list of everything India considers “legal persons”, Quartz, September 2019.
  4. Rohit Sagar & Anor. versus State of Uttarakhand & Ors., Writ Petition (CRL) No. 2254 of 2021 (Uttarakhand High Court16 December 2021).
  5. Jha, Prashant. "Uttarakhand High Court grants police protection to gay couple threatened by parents". Bar and Bench - Indian Legal news. Retrieved 23 September 2022.
  6. Sitting judges of the Uttarakhand High Court