High Court Of Karnataka

Karnataka High Court

The Karnataka High Court is one of the oldest high courts in India. It was established in 1884 as the High Court of Mysore and was later renamed as the Karnataka High Court in 1973, when the state of Mysore was renamed as Karnataka. The High Court has its principal seat in Bangalore, the capital of Karnataka, and has jurisdiction over the entire state of Karnataka.

Over the years, the Karnataka High Court has played a significant role in shaping the legal landscape of India. It has been a forum for landmark cases that have had far-reaching implications for the country. For example, in 1994, the High Court declared that the government had no right to acquire land from farmers for private companies, leading to the Land Acquisition Act of 2013. In 2017, the high court upheld the ban on cow slaughter in Karnataka, a decision that the Supreme Court later overturned.

The Karnataka High Court has been home to many eminent judges and legal luminaries. Some of the most notable judges to have served on the High Court include Justice K. S. Hegde, who became a Judge of the Supreme Court of India, and Justice Venkatachaliah, who later became the chief justice of India.

Today, Karnataka High Court is one of the busiest High Courts in India, with a sanctioned strength of 62 judges. It has jurisdiction over a wide range of matters, including civil and criminal cases, writ petitions, and appeals from lower courts and tribunals. The High Court also has a reputation for being a pioneer in the use of technology in the judicial system, having introduced e-filing and video conferencing facilities for the convenience of litigants.

Location of Karnataka Court

The Karnataka High Court is located in Bangalore, the capital city of Karnataka state in India. The exact address of the High Court is:

Karnataka High Court, High Court Buildings, Opp. to Vidhana Soudha, Ambedkar Veedhi, Bangalore - 560001, Karnataka, India.

The High Court complex is situated adjacent to the Vidhana Soudha, which houses the state legislature and the Secretariat. The nearest railway station to the High Court is the Bangalore City Railway Station, which is located about 5 km away. The Kempegowda International Airport is located approximately 35 km from the High Court and can be accessed by road.

Jurisdiction of Karnataka High Court

The Karnataka High Court has jurisdiction over the entire state of Karnataka. It is the highest court of appeal within the state and has the power to hear and decide on all civil, criminal, and constitutional matters arising within the state.

Some of the main types of cases that come under the jurisdiction of the Karnataka High Court include:

• The Karnataka High Court has authority over civil disputes involving individuals, organisations, and government (e.g. property disputes, breach of contract, consumer disputes, family law)
• High Court has power over criminal cases and can hear appeals against lower court decisions (e.g. murder, theft, fraud, other offences)
• High Court handles matters related to interpreting the Indian Constitution in Karnataka (e.g. writ petitions, public interest litigation, constitutional challenges to laws and government actions)
• High Court serves as the appellate court for lower courts and tribunals in Karnataka, allowing for reviews of their decisions.

Landmark Judgements From Karnataka High Court

The Karnataka High Court judgments are groundbreaking over the years, some of which have had a significant impact on Indian law and society like the latest Karnataka High Court hijab judgment.

Here are a few notable judgments:

State of Karnataka v. Krishnappa

In this landmark case, the Karnataka High Court judgement held that a person accused of an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, could not be released on bail unless the prosecution had been given an opportunity to oppose the grant of bail.

Mohd. Arif v. Intelligence Bureau:

In this case, the Karnataka High Court judgement held that the detention of a person by the Intelligence Bureau under the National Security Act, 1980, was illegal, as the detention had not been authorised by a state government.

State of Karnataka v. Dr. Praveen Bhai Togadia

In this case, the Karnataka High Court cancelled the legal actions against Praveen Togadia, the former president of Vishwa Hindu Parishad, for delivering a speech that was claimed to create hostility among different religious groups. The High Court stated that the speech did not qualify as a crime under the Indian Penal Code.

D. K. Basu v. State of West Bengal

• While this case was heard by the Calcutta High Court and had national significance
• The High Court established guidelines for the treatment of persons in police custody
• The Supreme Court of India adopted these guidelines
• The guidelines are crucial in addressing custodial torture and deaths.

State of Karnataka v. Uma Devi

• In this case, the Karnataka High Court judgement held that temporary employees were entitled to the same pay as permanent employees doing the same work
• The judgement had far-reaching implications for labour rights in India and led to several subsequent rulings on the issue of pay parity between temporary and permanent employees.

Karnataka High Court Hijab Judgement

On 5 February 2022, the Karnataka Government made a rule saying that wearing the hijab was prohibited in state educational institutions with a dress code. Some people disagreed with this rule and went to the Karnataka High Court to challenge it. On February 11, the High Court gave a temporary order that said no religious symbols, including hijabs and saffron shawls, could be worn in classrooms.

On 15 March 2022, a three-Judge Bench of the Karnataka High Court pronounced Karnataka High Court judgement on hijab, consisting of Chief Justice Ritu Raj Awasthi, Justices Krishna Dixit and J.M. Khazi, upheld the ban on the hijab in state educational institutions.

Judges of Karnataka High Court

The Karnataka High Court boasts a distinguished panel of judges who play a pivotal role in administering justice within the state. Among the notable judges serving in the court are Cheppudira Monappa Poonacha, Anil Bheemsen Katti, Gurusiddaiah Basavaraja, Chandrashekhar Mrutyunjaya Joshi, Umesh Manjunathbhat Adiga, and Talkad Girigowda Shivashankare Gowda, all of whom were appointed as additional judges on 2022. These judges bring their vast experience and legal expertise to the table, ensuring the fair interpretation and application of laws.

Number Of Judges Present

The total number of judges present in the Karnataka High Court as of May 2023 is 26, including the chief justice of the High Court, Justice Abhay Shreeniwas Oka, and 25 other judges. However, the sanctioned strength of judges for the Karnataka High Court is 62, which means that the High Court currently has vacancies that need to be filled to reach its full strength.

Karnataka High Court Judges Appointment Procedure

Step 1: Initiation of the Process

The process of appointing judges to the High Court begins with the Chief Justice of India (CJI) and the Union Minister of Law and Justice receiving proposals from the chief justice of the High Court and other sources, such as lawyers, bar associations, and other judges.

Step 2: Screening and Shortlisting

The proposals received are screened by a panel of judges headed by the CJI. The panel considers factors such as seniority, merit, and regional representation before shortlisting candidates.

Step 3: Consultation with State Government

Once the shortlist is ready, the panel consults the Chief Minister and Governor of the state concerned and takes their views into account.

Step 4: Clearance from the Intelligence Bureau

The names of the shortlisted candidates are sent to the Intelligence Bureau (IB) for a background check.

Step 5: Final Decision

After IB clearance, the panel takes a final decision on appointments and sends it to the President of India for approval.

Step 6: Appointment by the President

The President of India then issues the warrant of appointment, and the judges are sworn in by the Chief Justice of the High Court.