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Lawyer Files PIL to Rename Allahabad High Court to High Court of Uttar Pradesh

Lawyer Files PIL to Rename Allahabad High Court to High Court of Uttar Pradesh

An advocate has filed a Public Interest Litigation (PIL) petition in the Allahabad High Court seeking to rename the institution as the High Court of Uttar Pradesh.

Lucknow-based advocate Deepanker Kumar, represented by his counsel Asok Pandey, has filed a plea arguing that the tradition of naming a High Court after the city where it was established originated from British colonial rule.

The petitioner contends that such a practice is not suitable for an independent India, especially after the adoption of its Constitution.Lucknow-based advocate Deepanker Kumar, represented by his counsel Asok Pandey, has filed a plea arguing that the tradition of naming a High Court after the city where it was established originated from British colonial rule. The petitioner contends that such a practice is not suitable for an independent India, especially after the adoption of its Constitution.

Therefore, Kumar has appealed to the High Court to instruct the Central Government and other pertinent authorities to officially designate the Allahabad High Court as the "High Court of Uttar Pradesh" in all notifications, communications, judgments, orders, and decrees.

The plea also requests directions to rename the Allahabad High Court Rules, 1952, as the Uttar Pradesh High Court Rules. Moreover, the petitioner argues that the ambiguity surrounding the correct name of the Allahabad High Court has led to confusion among advocates, the general public, state officials, judges, and court registry officials.

The petitioner highlighted that while some refer to the institution as the Allahabad High Court, others prefer to call it the High Court of Uttar Pradesh. In support of this argument, reference was made to a 1964 case (Keshav Singh, Presidential Reference No. 1 of 1964), where the Supreme Court of India itself referred to the institution as the High Court of Uttar Pradesh.

The petitioner has also emphasized that the division of jurisdiction between the two Benches of the Allahabad High Court requires reconsideration. The argument is based on the assertion that the Allahabad High Court Amalgamation Order 1948, which amalgamated the then Chief Court of Oudh with the High Court of Allahabad, has become defunct since the enactment of the Constitution in 1950.

The vesting of jurisdiction between the both benches of this High Court (at Lucknow and Prayagraj) was through this amalgamation order and as no order by the President has been issued on this issue as like other high courts having benches … legally speaking, there is no valid order which divides the jurisdiction between both the benches. So the necessary directions to the concerned authorities needs to issued by this Hon'ble court on judicial side," the petition stated.

However, the petitioner has not specifically emphasized this aspect, as another Public Interest Litigation (PIL) filed on this issue in 2021, titled Asok Pandey and ors v. Union of Bharat and ors, is already pending before the High Court.

 

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