Amid sustained protests and an intense public debate over the proposed relocation of the Gauhati High Court to Rangmahal in North Guwahati, Assam Advocate General Devajit Saikia on Saturday came out strongly to counter what he called “persistent misinformation” on the issue.
Addressing a press conference in Guwahati, Saikia categorically stated that the Assam government has no authority to decide where the High Court should function. “The High Court does not function as per the wishes of the Assam government. In fact, the High Court often points out the government’s mistakes,” he said, rejecting allegations of political interference.
The press meet was held ahead of the foundation stone-laying ceremony of the new High Court complex at Rangmahal, scheduled for January 11. Saikia said the controversy over relocation has been dragging on for the past three to four years and has divided the legal fraternity, with some supporting the move and others opposing it. 
Clarifying the origins of the decision, the Advocate General said the proposal to shift the High Court was taken during the tenure of former Chief Justice Sandeep Mehta and was not a unilateral decision of the state government, as claimed by protesters.
He referred to developments in 2022, when there was an attempt to shift the Chief Judicial Magistrate court to Boragaon. A decision was taken on November 25 that year, but there was no proposal at the time to relocate the High Court itself. The Bar Council, he said, had objected to shifting only one court but had clearly stated that it would have no issue if all courts were moved to a single location.
Saikia also highlighted serious infrastructural constraints at the existing High Court premises. The number of judges has increased from 19 to 30, but facilities have not kept pace. Only seven official quarters are available for judges, raising concerns over security and accommodation. He pointed out the lack of proper seating and dining facilities for women lawyers, inadequate parking space, and the absence of an auditorium or a functional canteen.
He said nearly 1,000 practising advocates attend court daily, most using personal vehicles. Due to space shortages, many lawyers are forced to operate from inside their cars. Saikia recalled that Himanta Biswa Sarma, who practised law until 2001, has himself spoken publicly about facing similar hardships during his days at the Gauhati High Court.
On the legal position, Saikia made it clear that the power to decide where the High Court sits lies solely with the Chief Justice. He said protesters have misread the 1971 Gauhati High Court rules. Presidential assent, he explained, is required only for setting up outlying benches, such as in Dibrugarh or Silchar, not for relocating the principal bench.
“For shifting a High Court, consent of the Bar Association is not mandatory. What is required is the approval of the Governor,” he said, adding that many of those claiming land loss have already accepted compensation.
Meanwhile, Chief Minister Sarma also addressed the media, calling the ongoing sit-in by the Gauhati High Court Bar Association illogical and driven by unfounded fears. He dismissed concerns about travel costs, saying connectivity would improve once the Guwahati–North Guwahati bridge opens in February.
“This is not my decision. The judges themselves have taken this call,” Sarma said, revealing plans to develop a full-fledged Judicial City at Rangmahal with an initial investment of Rs 500 crore, followed by Rs 1,200 crore in later phases.
