2. Distance :
Out of the Six Districts 5 districts are at a distance of 458 Kms. to 333 Kms. from the principal seat at Mumbai. Further, out of 62 talukas of 6 districts of Kolhapur region, 52 talukas are at a distance of more than 300 Kms. to 500Kms. from Mumbai. As against this these talukas are much closer to Kolhapur. It would thus be clear that the illiterate and poor litigants cannot even think of travelling for such long distances to get justice at the cost of time, money, etc.They even cannot afford to pay high fees of the advocates at Mumbai. The litigant public of this region has to face grave difficulties in journeying from their places to the principal seat of High Court at Mumbai.Faster means of travel have also increased the cost of travel. Fuel prices, tolls, hotels in Mumbai and other expenses are prohibitive. In other words, travel, stay and attending a case in Mumbai is day by day becoming prohibitive for the litigants in these six districts. This has resulted in many litigants suffering injustice due to their, inability to reach Bombay High Court. Therefore, the establishment of the Bench at Kolhapur will not only enable the people to have greater access to the High Court by reducing the distance, but also by reducing the cost of litigation and will increase the pace of dispensing justice.

3. Judicial History of Kolhapur :
Prior to independence, theprincely state of Kolhapur had its first court in the year 1844 and the District Court was established in the year 1867. The eminent Jurist Shri. Mahadev Govind Ranade became the first District Judge of Kolhapur who was later on appointed as Judge of the Bombay High Court in the year 1893. The Princely State of Kolhapur had its own laws like ‘Hindu Kaydyache Nibandh’( ) dated 22/10/1920. The judiciary in Kolhapur has also got a very distinguished tradition.

In 1931, the High Court and Supreme Court were established for the State of Kolhapur and continued to function till the year 1949 when Kolhapur State merged with the then State of Bombay on 1stMarch 1949. Kolhapur State Gazzette dated 31stMay 1931 has published “Kolhapur State High Court Regulation, 1931.” That there was a regular High Court of the Deccan States (including the then princely States from Southern Maharashtra, Konkan and Karnataka) at Kolhapur from the year 1946 to 1948. The High Court of Kolhapur consisted of 3 judges including the Chief Justice of the High Court. “Kolhapur Law Reporters” were also published under the authority of the Government of Kolhapur.

4. Support from other Bar Associations of the Adjoining Districts :
The Bar Associations of 5 districts of Kolhapur, Sangli, Satara, Ratnagiriand Sindhudurg have supported the demand for establishment of the Bench of High Court at Kolhapur. As far as Solapur District is concerned, out of the 11 talukas, 7 taluka Bar Associations viz. Sangola, Pandharpur, Mangalwedha, Malshiras, Mohol, Madha and Barshi have shown their willingness for establishment of Circuit Bench at Kolhapur. Out of 62 talukas in Six Districts as many as 58 talukas (including 7 out of 11 talukas of Solapur district) have supported the demand for a Bench at Kolhapur.

5. Increasing Pendency of Cases in Bombay High Court :
The percentage of cases at the principal seat from the Kolhapur region is 25%. The statistical data regarding pendency of cases in the Hon'ble High Court of Judicature at Bombay would readily be available at High Court Registry. It will depict awful picture of pendency of cases. The establishment of the Bench at Kolhapur will provide an effective remedy to combat the situation arising from accumulation of arrears. The establishment of the Bench at Kolhapur will prove to be an effective instrument for expeditious dispensation of justice and will substantially reduce the overall costs of litigation and inconvenience to the litigant public in these six districts. The volume of work in the High Court from the six districts also stakes its claim for establishment of Circuit Bench at Kolhapur.

6. Geographical Position :
The Kolhapur is a Central place to these six districts which are demanding the High Court Bench. If the bench is established at Kolhapur the litigant from these six districts can reach Kolhapur within half an hour to four hours. Travelling to Kolhapur from different parts of the six districts would be less expensive. Kolhapur, which is centrally located in the six districts, is convenient for the litigants and lawyers to travel with available means of transport facilities. Thus, the setting up of a Bench would tend to the convenience of the economically weaker class of the public of this regionand will have equal opportunity of securing justice from the judicial institution. The nature of the terrain of the Region is plain as well as hilly. The Kolhapur is linked with various parts of the region by swift means of travel and communication like railway and road. The Kolhapur is centrally situated and has historic and other importance. The climate of the Kolhapur is the best to enable the Bench to work round the year without feeling any strain.

7. Report and views of Hon’ble The Justice Shri. Mohit Shaha, Former Chief Justice of Bombay High Court :
Hon’ble The Justice Mohit Shaha, Former Chief Justice of Bombay High Court has thoroughly considered the various aspects and need of establishment of Circuit Bench of Bombay High Court at Kolhapur along with the demand of other cities like Pune, Solapur, etc. He made immense work to do justice to the long standing demand of people living in six districts. He has finally came to the conclusion that the Circuit Bench of Bombay High Court can be established only at Kolhapur.

8. Resolution by Government of Maharashtra :
The Government of Maharashtra has assured about the providing of infrastructure which may be required. The required land is made available by the Kolhapur Corporation. Establishment of the Permanent Circuit Bench of Bombay High Court at Kolhapur is therefore need of hour.

9. Support from all Elected Representatives :
The Members of Parliament, Maharashtra Legislative Assembly, Zillha Parishads, Municipal Corporations, Municipal Councils, Panchayat Samities and Grampanchayats consist of democratically elected Representatives of the people. They know the will of the people the best. These Representatives have all overwhelmingly supported the demand for a High Court Bench at Kolhapur.

10. Creation of New Benches of the High Court in Various States in the Recent Past :
Creation of new Benches of the High Court in various States in the recent past will also justify demand and need for creation of Bench of the Bombay High Court at Kolhapur for these six Districts. Very recently, in the adjoining Karnataka State in its Northern Region two Benches of Karnataka High Court are established. The Dharwad Bench of Karnataka High Court is functioning for Bagalkot, Belgaum, Bellary, Dharwad, Gadag, Haven, Koppal and Uttar Kannada District. The Gulbarga Bench of Karnataka High Court is functioning for Biddar, Bijapur, Gulbarga/Yadgir and Raichur Districts. The DHARWAD BENCH of Karnataka High Court is established for the total area of 60,555 Sq. Kms. and population of 1,44,54,474in8 Districts of Bagalkot, Belgaum, Bellary, Dharwad, Haveri, Koppal, Uttar Kannada.

The GULBARGA BENCH of Karnataka High Court is established for the total area of 38,993 Sq. Kms. and population of 81,09,975in Districts of Bidar, Bijapur, Gulbarga, Yadgir, Raichur.

On 25/07/2004, MADURAI BENCH of Madras High Court is also established for Eleven Districts, namely, Kanigakumari, Tinsnetveli, Tuticorin, Madurai, Dimdigul, Ramanathpuram, Virudhumagar, Sivaganya, Pudukkottai, Tianchirappalli and Kangu.

11. Increasing Burden on Government bodies :
That to attend government matters, government officials are required to travel all the way to Mumbai from six districts which costs in time, money and abstinence from regular work. The establishment of Circuit Bench at Kolhapur will make it convenient to government officials to attend High Court Proceedings and return back to their offices on the same day. This will certainly help to maintain law and order and smooth working of all government offices.

12. Availability of the requisite infrastructure :
The Kolhapur has scope for easy availability of the requisite infrastructure such as land, building etc. for Housing the Bench the Judges the Staff and the lawyers and has adequate facilities for board and Lodging of the litigants. The proper educational facilities for the children of the judges and the staff are available at Kolhapur.

13. Judicial And Academic Atmosphere :
The members of the bar practicing at the Kolhapur and other districts are effective and efficient and have the experience of conducting constitutional matters and other types of litigations falling within the jurisdiction of the High Court. The Kolhapur has a potential for legal talent. The judicial and academic atmosphere and the law and order situation existing at Kolhapur is consequential and conducive to the smooth working of a Bench of the High Court.

14. Experience :
Experience shows that once the bench is setup ratio of filing increases. This is a welcoming development and should be encouraged as the same is an indication of consciousness of legal rights of people in a society. The bench will overcome lack of access to justice due to illiteracy and poverty of people from these six districts. Establishment of High Court Bench at Kolhapur will strengthen our democracy as access to justice is considered to be one of the main requirements of a vibrant democracy.

15. Agitations :
Number of agitations were made from the people at large in six districts and advocates in support of the demand of the establishment of the Circuit Bench at Kolhapur. The agitation of abstention from work for 55 days was withdrawn on 22-10-2013 after the Then Chief Justice, Bombay High Court promised and gave assurance that he will positively decide on this issue by 31st January 2014. However, no decision of any kind was taken by the Then Hon’ble Chief Justice. Bombay High Court. But His Lordship has prepared a detail report, by which he has expressed his view that the Circuit Bench should be established only at Kolhapur, however his because his views would also affect all the judges of the High Court, it would be in the fitness of things to convey these views to the judges individually, for their suggestions.