bangalore the high court bench issue is back at the centrestage with the centre pledging its support and the state government wanting the high court to take the initiative though the supreme court has ruled against the setting up of a bench the centre however wants the government to submit a fresh proposal this was precisely what union law minister arun jaitley conveyed to the members of the bar council during his recent visit to the city but the government wants the high court to recommend to it on the establishment of the bench this probably explains the governments stand when chief minister sm krishna during the swearing in ceremony of new chief justice nk jain said that it was left to the high court to decide this however has made a large section of the bar feel that the chief minister has been misled the government need not take consent from the high court to recommend to the centre to set up a bench they feel the relevant law governing the constitution of the high court or the bench is section 512 of the states reorganisation act of 1956 which reads the president may after consultation with the governor of the new state and the chief justice of the high court of that state by notified order provide for the establishment of a permanent bench or benches of the high court at one or more places within the state other than the principal seat of the high court according to senior counsel np eshwarappa it is very clear that the central government should initiate action for the establishment of a permanent hc bench and it is for the state to act the bench row surfaced decades ago but it seems no government has so far approached the centre as required under the act when advocate kn subba reddy rushed to the supreme court with a pil for setting up a bench the supreme court upheld the 1983 ruling and a fivemember committee report and dismissed the petition the fivemember committee was set up by the karnataka high court based on the recommendation of the government which was unnecessary said eshwarappa the panel report stated that the establishment of the bench was neither feasible nor desirable the negative report of the fivejudge panel coupled with the sc ruling against the bench establishment would certainly hamper any demand that karnataka makes with the centre legal experts feel a section of the bar feel the setting up of a permanent bench is a political decision and the government can go ahead and recommend the centre without the consent of the high court others want the high courts view to be considered the hc view should prevail said justice mf saldanha chairman of the state bar councils enrolment committee vt raya raddi also feels that the recommendation of the high court is a must it now depends upon the opinion of the new chief justice to consider the matter and put forth the