पंजाब एवं हरियाणा उच्च न्यायालय एवं हरियाणा के अन्य न्यायिक संस्थान | Punjab and Haryana High Court

न्यायपालिका शासन का तीसरा प्रमुख स्तम्भ है, प्रथम दो प्रमुख स्तम्भ विधायिका एवं कार्यपालिका है। भारत के संविधान में अनुच्छेद 214 से 237 तक न्याय प्रशासन के उत्तरदायित्वों का उल्लेख किया गया है। भारत में एकीकृत न्याय व्यवस्था की स्थापना की गई है, जिसके शीर्ष में उच्चतम न्यायालय एवं उसके अधीन उच्च न्यायालय होते हैं। साथ ही उच्च न्यायालय के अधीन अधीनस्थ न्यायालयों की श्रेणियाँ भी विद्यमान हैं। हरियाणा एवं पंजाब राज्य का संयुक्त उच्च न्यायालय चण्डीगढ़ में स्थापित है।

उच्च न्यायालय

भारतीय संविधान के अनुच्छेद 214 के अनुसार प्रत्येक राज्य के लिए एक उच्च न्यायालय होगा, लेकिन 7वें संविधान संशोधन 1956 द्वारा भारतीय संसद अनुच्छेद 231 के तहत दो या दो से अधिक राज्यों और किसी संघ राज्य क्षेत्र के लिए एक ही उच्च न्यायालय की स्थापना कर सकती है।

  • पंजाब तथा दिल्ली उच्च न्यायालय की स्थापना भारतीय अधिनियम, 1915 के अन्तर्गत 20-21 मार्च, 1919 को लाहौर में की गई थी, परन्तु वर्ष 1947 में विभाजन के पश्चात् यह न्यायालय पाकिस्तान में चला गया। इसे लाहौर हाईकोर्ट के नाम से भी जाना जाता था।• इस न्यायालय के प्रथम भारतीय न्यायाधीश रेवाड़ी के सर शादीलाल थे, जिन्होंने 1 मई, 1920 को पद ग्रहण किया था। इन्हें राय बहादुर की उपाधि भी दी गई थी।

    • गवर्नर-जनरल लॉर्ड माउण्टबेटन द्वारा 15 अगस्त, 1947 को भारतीय स्वतन्त्रता अधिनियम 9 के अन्तर्गत शिमला में पूर्वी पंजाब उच्च न्यायालय की स्थापना की गई। इसके बाद लाहौर उच्च न्यायालय के सभी कार्य शिमला स्थित पूर्वी पंजाब उच्च न्यायालय को हस्तान्तरित कर दिए गए।

    * 26 जनवरी, 1950 को पूर्वी पंजाब उच्च न्यायालय का नाम पंजाब उच्च न्यायालय कर दिया गया तथा 17 जनवरी, 1955 को इस न्यायालय को भारत के प्रथम प्रधानमन्त्री पण्डित जवाहरलाल नेहरू द्वारा चण्डीगढ़ में स्थानान्तरित किया गया।

  • वर्ष 1956 में पटियाला और पूर्वी पंजाब स्टेट्स यूनियन (पेप्सू) का पंजाब में विलय होने से पेप्सू उच्च न्यायालय का भी पंजाब उच्च न्यायालय में विलय हो गया।
  • वर्ष 1952 में पंजाब उच्च न्यायालय की एक पीठ दिल्ली में स्थापित

की गई तथा वर्ष 1966 में दिल्ली के लिए दिल्ली उच्च न्यायालय की अलग से स्थापना की गई। वर्ष 1966 में पंजाब राज्य के पुनर्गठन के पश्चात् दो नए राज्य पंजाब व हरियाणा तथा एक केन्द्रशासित प्रदेश चण्डीगढ़ का गठन हुआ।

  • 1 नवम्बर, 1966 को ही पंजाब उच्च न्यायालय, पंजाब एवं हरियाणा उच्च न्यायालय के रूप में परिवर्तित हो गया। यह चण्डीगढ़ में स्थापित है। इस उच्च न्यायालय भवन के शिल्पकार ली कार्बूजियर (फ्रांसीसी) थे।• पंजाब एवं हरियाणा उच्च न्यायालय के अधिकार क्षेत्र में पंजाब, हरियाणा तथा केन्द्रशासित प्रदेश चण्डीगढ़ आता है। • नवम्बर, 2019 के अनुसार पंजाब और हरियाणा उच्च न्यायालय में स्थायी न्यायाधीशों की संख्या 39 है।

    •न्यायमूर्ति रामलाल पंजाब और हरियाणा उच्च न्यायालय के प्रथम मुख्य न्यायाधीश थे।

    • 1 नवम्बर, 1966 को जब हरियाणा अस्तित्व में आया, तब इस उच्च न्यायालय के मुख्य न्यायाधीश न्यायमूर्ति मेहर सिंह थे।

    • न्यायमूर्ति डोनाल्ड फालशॉ इस उच्च न्यायालय के प्रथम मुख्य न्यायाधीश थे, जिन्होंने अपने पद पर रहते हुए त्यागपत्र दे दिया था। इनके अतिरिक्त रणजीत सिंह नरूला तथा जितेन्द्र वीर गुप्ता ने भी अपने पद पर रहते हुए त्यागपत्र दिया था।

    • न्यायमूर्ति वीरस्वामी रामास्वामी हरियाणा के एकमात्र मुख्य न्यायाधीश (1987-1989) हैं, जिन पर महाभियोग लगाया गया, लेकिन यह प्रक्रिया पूरी नहीं हुई।

    • न्यायमूर्ति रणजीत सिंह नरूला तथा न्यायमूर्ति सुरजीत सिंह संघवालिया हरियाणा के राज्यपाल भी बने।

    हरियाणा के अन्य न्यायिक संस्थान राज्य के अन्य न्यायिक संस्थान निम्नलिखित हैं

    जिला एवं सत्र न्यायालय

    • हरियाणा के कुल 21 जिलों में अभी तक जिला न्यायालय की स्थापना की चुकी है, जबकि अन्तिम व नवीनतम जिला चरखी दादरी में जिला न्यायालय की स्थापना अभी प्रक्रिया में है।

    • प्रत्येक जिले में दो प्रकार के न्यायालय स्थापित हैं-दीवानी मामलों के लिए जिला न्यायालय और फौजदारी मामलों के लिए सेशन न्यायालय।

    • जिला न्यायाधीशों की नियुक्ति, पदोन्नति व पदस्थापना उच्च न्यायालय के परामर्श से राज्यपाल द्वारा की जाती है।

  • हरियाणा न्यायिक सेवा को दो भागों में विभाजित किया गया है-हरियाणा सिविल न्यायिक सेवा तथा उच्चतर न्यायिक सेवा। हरियाणा में जिला स्तर के सभी न्यायालयों पर पंजाब एवं हरियाणा उच्च न्यायालय का नियन्त्रण रहता है।राजस्व न्यायालय

    इसके अन्तर्गत भू-राजस्व सम्बन्धी मामले जिले के उपायुक्त एवं उपमण्डल अधिकारी के अधिकार क्षेत्र में शामिल हैं। ये राजस्व के मामले में प्रधान न्यायालय की भूमिका निभाते हैं। राजस्व न्यायालय में जिला कलेक्टर से लेकर नायब तहसीलदार तक के सभी न्यायालय पंजीबद्ध होते हैं।

    पारिवारिक न्यायालय

    हरियाणा के सभी मुख्यालयों में एक पारिवारिक न्यायालय की स्थापना कुटुम्ब न्यायालय अधिनियम, 1985 के अन्तर्गत की गई।
    • कुटुम्ब न्यायालय का विषय परिवार में होने वाले न्यायिक विवादों से सम्बन्धित है। पारिवारिक न्यायालय के फैसलों के विरुद्ध अपील उच्च न्यायालय में ही की जा सकती है।

    राज्य प्रशासनिक न्यायाधिकरण

    • उच्च न्यायालय में लम्बित मामलों में कमी लाने तथा सरकारी कर्मचारियों की शिकायतों का शीघ्र समाधान करने के लिए हरियाणा सरकार द्वारा हरियाणा प्रशासनिक पंचाट (Haryana Administrative Tribunal) के गठन करने का निर्णय लिया गया है।

    • यह संस्था केन्द्रीय प्रशासनिक पंचाट के समान ही कार्य करेगी। इसकी स्थापना हेतु हरियाणा मन्त्रिमण्डल ने जनवरी, 2018 में हरियाणा स्टेट एडमिनिस्ट्रेटिव ट्रिब्यूनल रूल्स-2017′ को स्वीकृति प्रदान की।

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