Demand for Barak Valley High Court Bench gains fresh momentum with 112-page legal memorandum

The long-standing demand for a permanent Bench of the Gauhati High Court in Barak Valley received significant legal momentum on May 7 after a detailed 112-page additional memorandum was formally submitted before the Chief Justice of the High Court.

The memorandum was filed by the High Court Bench Demand Implementation Committee, Cachar District Unit, Silchar, as a continuation of its earlier representation submitted on January 12, 2026.

Signed and submitted by senior advocate Dharmananda Deb, the document presents a comprehensive legal, constitutional, infrastructural and administrative argument in favour of establishing a permanent High Court Bench in Barak Valley.

The memorandum highlights the severe challenges faced by litigants from the districts of Cachar, Sribhumi, Hailakandi and Dima Hasao, who are often compelled to travel nearly 350 to 400 kilometres to Guwahati for court proceedings.

It argues that the burden disproportionately affects economically weaker sections, rural residents and marginalised communities, especially in a region frequently affected by floods, landslides and communication disruptions.

Invoking Articles 14 and 21 of the Constitution, the representation states that access to justice forms an essential part of the right to equality and the right to life and personal liberty. It contends that constitutional guarantees lose their meaning if justice remains practically inaccessible.

The memorandum places reliance on the landmark Supreme Court judgment in Anita Kushwaha v. Pushap Sudan, which recognised access to justice as a fundamental right encompassing affordability, accessibility and effective adjudication.

It also cites the recent Supreme Court ruling in Ranjeet Baburao Nimbalkar v. State of Maharashtra, arguing that administrative decisions are open to reconsideration when circumstances significantly change.

The Committee noted that although the proposal for a permanent Bench was examined and rejected by the Administrative Committee and Full Court of the Gauhati High Court in 2014 and 2015 respectively, the present situation is substantially different due to improved infrastructure, rising litigation, enhanced connectivity and sustained public demand.

The representation further points out that the Government of Assam has already sought the opinion of the High Court on the matter, indicating that the issue is under active administrative and judicial consideration.

Drawing comparisons with the establishment of the Calcutta High Court Jalpaiguri Bench, the memorandum argues that Barak Valley possesses equally strong if not stronger grounds for judicial decentralisation.

The document also references earlier parliamentary discussions and legislative initiatives, including the introduction of “The Gauhati High Court (Establishment of a Permanent Bench at Silchar) Bill, 2016,” underlining the long-standing nature of the demand.

According to the memorandum, the combined population of Barak Valley and Dima Hasao stands at nearly 4.75 million, making accessible judicial infrastructure a constitutional necessity rather than an administrative convenience.

Legal observers believe the convergence of constitutional principles, evolving infrastructure, increasing case burden and sustained public demand has placed the issue at a decisive stage, potentially bringing the decades-old demand closer to realisation.