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Chief Justice of India Surya Kant inaugurates the Ladakh Bench of the High Court of Jammu & Kashmir and Ladakh in Leh. (Img: X)
Leh: Chief Justice of India (CJI) Surya Kant on Sunday inaugurated the Ladakh Bench of the High Court of Jammu & Kashmir and Ladakh at Melangthong in Leh, emphasising that geographical isolation must not impede citizens' ability to access constitutional courts and seek effective judicial remedies.
Addressing the gathering at an altitude of approximately 3,500 metres above sea level, the CJI said the establishment of the Bench marked an important step towards making justice more accessible to residents of the Union Territory.
“We are some 3,500 metres above the sea, and I am told no High Court in our country has ever sat higher. Of course, what matters today is not how high this Court sits. What is important is how close it now stands to the people it serves,” he said.
Recalling the difficulties faced by Ladakh residents in approaching the High Court over the decades, CJI Surya Kant observed that geographical distance and the attendant financial burden could render access to judicial remedies illusory for ordinary litigants.
Referring to individuals pursuing pension claims or seeking relief in family disputes, he stressed that the existence of a legal right was insufficient unless citizens could practically invoke the jurisdiction of the appropriate court.
Although Ladakh became a Union Territory in 2019 and was brought within the framework of the High Court, the CJI said institutional recognition alone could not ensure meaningful access to justice.
“A name on a Court's letterhead is not the same as a Court at one's doorstep,” he observed.
Acknowledging the contribution of the Union Government, the Lieutenant Governor of Ladakh and the High Court towards establishing the Bench, CJI Surya Kant highlighted the need for judicial institutions to adapt to the geographical and social realities of the communities they serve.
“The High Court has today crossed the passes to reach Ladakh, instead of asking the people of Ladakh to cross the passes to reach it,” he said.
The CJI also invoked Ladakh's traditional systems of dispute resolution to illustrate the enduring importance of fairness and impartiality in the administration of justice. He referred to the goba, a village-level authority involved in resolving disputes through thims, and the chuspon, entrusted with ensuring equitable distribution of water.
Drawing a parallel with the judicial function, he highlighted the importance of impartial adjudication and the fair distribution of resources, noting that these traditional practices reflected values central to the judicial office.
CJI Surya Kant emphasised that the establishment of physical judicial infrastructure must be complemented by technology-enabled access and effective legal aid, particularly in regions where distance and difficult terrain pose significant challenges.
“In a land of such vast distances, technology can do what no road ever could,” he said.
However, he cautioned that technological interventions must facilitate access rather than create additional barriers for litigants and lawyers.
“Technology, thus, must be a ramp into the Courtroom, never a new wall around it,” he added.
The CJI further underscored that legal aid was a constitutional obligation rather than an act of charity, stressing that poverty or disability must not deprive any citizen of access to justice.
“Access to justice, after all, begins not in the Court's compound, but at the litigant's door,” he said.
In a significant announcement, CJI Surya Kant said the Supreme Court would arrange dedicated hearings for matters originating from Ladakh once adequate video-conferencing facilities were available to advocates practising before the new Bench.
“Once video-conferencing facilities are adequately available to the lawyers of the Ladakh Bench, the Supreme Court shall list all matters coming from Ladakh on a single day, and hear them on day to day basis also through video-conferencing,” he said.
The proposed arrangement is intended to enable lawyers from Leh and Kargil to argue matters before the Supreme Court remotely, without undertaking the often arduous journey to New Delhi. It would also help reduce the logistical and financial burden associated with litigation before the apex court.
Concluding his address, the CJI said the long-term significance of the Bench would depend on its ability to become an integral and accessible part of the region's judicial infrastructure. “When that day comes, we will know that this Bench has not merely arrived in Ladakh, but taken root here,” he said.
