Oldest high court in India — Mumbai (1878) built by the British- British India
The oldest court in India (inaugurated in 1862), established by the Raj, the Gothic style building (1878)is part of the Victorian and Art Deco Ensemble of Mumbai, which was added to the list of World Heritage Sites in 2018.
Established by the British India Government in 1862, the Bombay High Court is the oldest High Court in the country and the very first hearing was held on 10 January 1879. High courts came up at Madras and Calcutta during the same period. Designed in Gothic style by British colonel and architect J.A. Fuller (1823–1902), its contract was issued on June 26, 1862 and was inaugurated in the same year on August 14. The work on the present building commenced in April 1871 and completed in November 1878. This structure is a good example of Gothic revival in the early English style, common at that point of time. A total of Rs. 16,44,528.00 was spent on the building that was made of lime mortar.
Legally, Bombay in 1661, became a British possession. The island of Mumbai and town constituting a part, was received by the British as part of the dowry of the Portuguese Princess Catherine of Braganza, sister of Alphonso VI, the then Portuguese Monarch, when she married King Charles II. In the early stages, like Madras and Calcutta, Bombay too then was little more than a small fishing village inhabited by fishermen.
The ‘Indian High Court Act’ of 1861, vested in Her Majesty the Queen of England to issue letters patent under the Great Seal of the United Kingdom to erect and establish High Courts of Calcutta, Madras and Bombay. The Indian High Courts Act, 1861 did not by itself create and establish the High Courts in India. The important aim of the Act was to effect a fusion of the Supreme Courts and the Sudder Adalats in the three Presidencies and this was to be consummated by issuing Letter Patent. The Charter of High Court of Bombay was issued on June 26, 1862.
The Court building is an amazing architectural wonder in simplicity replete with attractive architectural features that may defy one’s imagination. In the court complex there are two staircases for the justices. The Goddess of Justice (true symbol of justice), is on the battlement on the western front of the High Court building. With her eyes blindfolded, she is holding the Sword of Justice in one hand and the Scales meticulously even in the other. Some interesting architectural features of this historical court building is the display of heads of wolves and foxes in odd nooks and corners. Yet another sculptural feature on the first and second floor that will get our attention is the adaptation of Aesop’s fable of the judicial monkey and the two litigious cats with one eye blindfolded and holding unevenly the Scales of justice. It is believed this feature was the brain child of a parse sub-contractor who was cheated by the British contractor. When the subcontractor went to court for justice, the court verdict went against him. Disgusted and disappointed, the sub contractor vented out his resentment in a sculptural form.
The court building is 562 feet (171 m) long and 187 feet (57 m) wide. Two octagonal towers are to the west of central tower. Atop this building are the statues of Justice and Mercy . Apart from Bombay Bench, it also has benches at Panaji, Nagpur and Aurangabad. It can also hear the appeals and review the decisions of the lower courts over the State of Goa, Maharashtra, Union territories of Dadra and Nagar Haveli and Daman and Diu. In 1995, the name Bombay was changed to Mumbai; however, being an institution, it remained as the Bombay High Court. Justice M. C. Chagla was the first Indian permanent Chief Justice of Bombay High Court after independence (1948–1958). In the colonial days the Letter Patent of the Bombay High Court authorized 15 Judges, but it started with only 7. It is strange, for about 60 plus years thereafter, the High Court managed to function with just 7.
Since India’s Independence, 22 judges from this historical court have been elevated and entered the portals of the Supreme Court in Delhi and 8 of them have been Chief Justice of India. In the recent past, around 75 judges the Bombay High Court handles lakhs of civil and criminal cases, indeed a mammoth job for the justices. Now 158 years, the court celebrated its 150 years old in n 2012 and in this regard,a special postal cover was inaugurated and released by Shri Milind Deora, the Minister of State for Communications and Information Technology, on 14 August 2012 at the Central Court Hall in the court’s main building. The Bombay High Court had links with some of the freedom fighters and was a silent spectator of many interesting trials and cases.One among them being that of Bal Gangadhar Tilak Vs the British Crown. His trial for sedition in the 1916 case was a sensational one across the Indian subcontinent.
The Bombay High Court holds a preeminent position in India and the fact that the first Chief Justice, the first Attorney General and even the first Solicitor General of independent India, all had their roots in this high court bears testimony to it. So, this court has been around since the time of the Raj — transfer of administration of India from the corrupt British establishment — East India Company to the British Crown (1858). Among the various tourist destinations that Mumbai boasts of, the Bombay High Court the oldest one in India and the spectacular building, is worth a visit and it will not disappoint you.
Tit-Bits:
“The high courts of India are the principal civil courts of original jurisdiction in each state and union territory. 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 pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated specifically in a state or federal law.” — -Wikipedia
Ref:
https://beautifulglobal.com/bombay-high-court-the-oldest-high-courts-in-maharashtra-india
https://en.wikipedia.org/wiki/Bombay_High_Court
Originally published at http://navrangindia.blogspot.com. (modified: 20 June 2020)
