The Musi River, built of pink granite and sandstone in Mughal-Saracenic style nearly a century ago, this historic building is a renowned landmark. Hyderabad city, seat of the legendary Nizams who ruled one of the largest native States in ancient India, was a citadel of Islamic culture. The present-day Hyderabad has come a long way since then and stands as the icon of a cosmopolitan multi-cultural society. A breath-taking sight in this modern city is the silhouette of the pristine domes of the High Court building against the setting sun, seen from Nayapul, the bridge across the River Musi at Afzal Gung.
PRE-INDEPENDENCE ERA:
The former Hyderabad State was also largely influenced by the British. Asaf Jah Bahadur, the V Nizam of Hyderabad, entered into the Treaty on 12 October, 1800 with the East India Company, whereby British rule gradually extended to Hyderabad State. Administration was indirectly controlled by the British Resident posted at the Nizama’s Court. Eventually, even the Diwan (Minister) who controlled the Treasury came to be appointed as per the choice of the British. During the 19th Century the institutions in Hyderabad State were, by and large, governed by the administrative practices adopted by the British.
A regular and efficient judicial system was introduced in Hyderabad State by Salar Jung, the Prime Minister of Hyderabad State (1853-83). Before that, the chief judicial power in civil matters vested in the Subhedar, while the Kotwal was the head of criminal justice administration. In the districts, administration of justice in civil and criminal cases relating to Muslims was left to the Mri Adls or Darul-Quaza Courts, who were assisted by Qazis. Cases involving Hindus were usually decided by Govndrao courts; for Christians, there were Adalat Beroon Bolds; and for Arabss, Makums Qaza-wte-Arab. A separate Court was established for Europeans in the Residency in 1864.
Apart from introducing regular courts of Justice at Hyderabad, Sir Salar Jung also introduced a legal department for framing laws, but he did not demarcate the three wings of governance – the Executive, the Legislature and the Judiciary. It was Salar Jung II, his successor and the next Prime Minister, who tried to determine the boundaries of the three wings.
The language of the High Court was Persian till the end of 1883. In January 1884, Urdu replaced Persian. A Circular was issued prohibiting the use of English language. The Judges of the High Court were appointed by a Firman or Hukum (Royal Order) of the Nizam upon the recommendation of the Government. All the members of the Judiciary, including the Judges of the High Court, were governed by the Hyderabad Civil Services Rules. During the 19th century, several Laws and statutes, on the lines of those in British India, came to be enacted in Hyderabad State also. In 1893, the Dastru-al-Amal was promulgated regulating the procedure of the High Court.
The High Court was initially situated at Pathergatti. Due to the flooding of the River Musi in 1909, the High Court was shifted to the Devdi (residential building) of Nawab Asman Jah, at Lal Bagh. Again in the year 1912 when a cholera epidemic hit Hyderabad city, the High Court was shifted from the Devdi of Nawab Asman Jah to the Address Hall in Public Gardens. After about four months, the High Court was relocated at Lakkad Kote, the house of Nawab Salar Jung Bahadur, situated at Chatta Bazzar. However, as it was found unsuitable, the house of Nawab Sartaj Jung at Saifabad was obtained on rent and the High Court was shifted to his building in 1914. It was at this time that construction of the present High Court Building was taken up.
The plan of the building was drawn up by Shankar Lal of Jaipur, an eminent engineer and architect of those times and the design was executed by a local engineer, Mehar Ali Fazal. The contribution of Vincent J. Esch, a celebrated British architect and engineer, needs mention and this building, constructed as per his suggestions and inputs, is considered to be one of his most striking works, Construction of the building was commenced on 15 April 1915 and completed on 31 March 1919. The construction contract was awarded to Navratan Das and the expenditure incurred was about Rs.18,22,750/-. The New High Court building, in a sprawling extent of over nine acres, was inaugurated by Mir Osman Ali Khan, the VII Nizam of Hyderabad, on 20 April 1920. A model of the building engrafted on a thick sheet of silver weighing 300 kgs., was presented by the High Court to the Nizam and is now on display at the Purani Havali Museum at Hyderabad. An interesting but little known fact is that this building stands on the ruins of the Qutub Shahi palaces, Hine Mahal and Nadi Mahal. At the time of this inauguration, the High Court had only six Judges and provided accommodation for offices, record rooms and an inspiring Advocates Hall in addition to majestic court Halls.
The Dastru-al-Amal remained in force, with minor modifications, till 1926 when a Royal Charter 1 was conferred by the Nizam by the High Court, which was to be the final court of Justice. The Royal Charter was superseded by the High Court Act, 1928, which dealt with the nature of cases to be heard by the High Court, the mode of constituting Benches, etc., A Judicial Committee was constituted to hear appeals from the High Court, akin to the Privy Council. Almost all the laws administered in British India were adopted by the Legislative Council of Hyderabad at that point of time. This was specifically recorded by Mirza Yar Jung, the Chief Justice of Hyderabad High Court (1918-37) in his book titled ‘His Exalted Highness and Justice.”
A clear separation of powers between the Executive and the Judiciary came about only due to the efforts of Chief Justice Mirza Yar Jung in 1921, such separation of powers acquired constitutional status after independence, but it was achieved and was already in practice in Hyderabad State nearly thirty years prior thereto. The oldest Court building in the present State of Telangana is the Principal District and Sessions Judge’s Court at Mahabubnagar, which was constructed in 1833.
POST – INDEPENDENCE ERA:
India attained Independence on 15 August 1947, but Hyderabad State acceded to the Indian Union only on 17 September 1948. Appeals against the decisions of the High Court pending before the Judicial Committee stood transferred to the Indian Supreme Court under Article 374 (4) of the Constitution of India. The records in these appeals, however, were all in Urdu language making it difficult for the Supreme Court to take them up for disposal. The Supreme Court therefore decided to have an adhoc Bench at Hyderabad City itself to dispose of these cases. Accordingly, a Bench headed by Justice Mehr Chand Mahajan of the Supreme Court, along with either Chief Justice R.S. Naik of the High Court and/or Justice Khalil-uz-Zama Siaddiqui, the senior-most Judge, sat at Hyderabad High Court and disposed of nearly 500 appeals in six months. Co-operative Society of Debts v/s Nandlal (AIR 11950 SC274), Kapore Chand v/s Kadarunnissa Begum (AIR 1953 SC 413), Narhari v/s Shanakar (AIR 1953 SC 419) and Naguba Appa v/s Namdev (AIR 1954 SC 50) are some of the important reported judgements of this Supreme Court Bench, sitting at Hyderabad High Court.
In 1956, the State of Andhra Pradesh was created on linguistic basis, to bring together all Telugu-speaking people, by merging the Andhra State with parts of the Hyderabad State. This new State came into existence under the aegis of the States Reorganization Act, 1956. After the formation of the new State, the Andhra Pradesh High court was established in the existing High Court building at Hyderabad on the auspicious day of Deepavali and Ramzan, 05 November 1956. At the time, the Judges strength was 11, six from the Andhra State and five from the Hyderabad State. The High Court commenced functioning under the able leadership of Chief Justice Koka Subba Rao, who later went on to become the Chief Justice of India. The Bar was led by the first Advocate General of the State of Andhra Pradesh, Duvvuri Narasaraju, a leading legal luminary from the Andhra Pradesh State.
On 10 July 1958, an additional two-storied block was constructed and office rooms, record rooms, advocate chambers and law officer’s rooms were shifted into it. The Judges strength grew to 14 at this time. A third independent block was constructed in 1976. The A and B extension blocks, attached to the main High Court building, were constructed in the 1990s, simulating the original architectural style and characteristics. Each of the extension blocks houses eight court halls with attached Judges Chambers. An Administrative block with a cellar and seven floors was inaugurated on 04 July 1998, which accommodates the Registrar’s offices, Judicial and Administrative sections, apart from a staff canteen, a railway reservation counter. An annexe block of three floors, attached to the main building is presently occupied by the Advocates General of the State and their team of Government Pleaders.
In 2005, the erstwhile Andhra Pradesh Government allotted 9 ½ acres of land adjacent to the existing court complex. This land earlier housed the Government Maternity Hospital. Possession of the land was handed over to the High Court on 15 June 2009.
Misfortune befell the High Court on 31 August, 2009, when a devastating fire broke out in the Judges’ library on the first floor of the main building due to an electrical short- circuit. Several Judges’ Chambers and a magnificent conference hall were destroyed. Extensive damage was caused to the library and invaluable books and priceless journals, brought from the Madras High Court by the then Chief Justice Koka Subba Rao, were lost forever.
Indomitable, resolute and like a Phoenix rising from the ashes, the High Court applied itself to restoring the grandeur of the edifice and now, the renovated conference Hall and Judges Lounge in the first floor of the main building, inaugurated on 13 October, 2011, bear proud testimony to these undaunted efforts.
The erstwhile State of Andhra Pradesh was bifurcated into the state of Telangana and the residuary State of Andhra Pradesh under the Andhra Pradesh Re-organization Act 2014, with effect from 02 June 2014, Consequently, the Andhra Pradesh High Court was renamed as the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, being the common High Court for the States till the formation of a separate High Court for the State of Andhra Pradesh. The sanctioned strength of Judges of this High Court increased from 49 in 2007 to 61 in 2016.
The High Court has had the privilege and distinction of sending several of its celebrated judicial personalities to the Supreme Court. The Judges of this High Court who adorned the Apex Court are Justice Koka Subba Rao, Justice P. Satyanarayana Raju, Justice P. Ramaswamy, Justice O. Chinnapa Reddy, Justice K. Ramaswamy, Justice K. Jayachandra Reddy, Justice B.P. Jeevan Reddy, Justice M. Jagannadha Rao, Justice Syed Shah Mohammed Quadri, Justice P. Venkatarama Reddi, Justice B. Sudershan Reddy, Justice Chelameshar, Justice N.V. Ramana and Justice R. Subhash Reddy. Consequent upon the notification dt.26-12-2018 of the Central Government a separate High Court was formed for State of Andhra Pradesh and the High Court of Hyderabad is renamed as High Court for the State of Telangana w.e.f. 1-1-2019.
A Journey, over nearly a century, at times both tumultuous and controversial, has honed the High Court at Hyderabad to bravely face new challenges and adjust to the vicissitudes of scientific and societal growth. This august institution looks to the future with unflinching optimism and an undying resolve to uphold cherished constitutional values and to secure to the common man, justice, liberty, equality and fraternity.
