Two courts merged, and why judges still sit at Lucknow

Background

In a ruling this month the Allahabad High Court said an accused need not obtain bail first in order to move a discharge application in the trial court, and may ask to be excused from appearing in person under Section 355 of the BNSS, which answers to Section 317 of the CrPC, by showing cogent and substantial grounds. The court that gave that ruling was itself created by the Uttar Pradesh High Courts Amalgamation Order, which was published on 19 July 1948. Through that Order the High Court at Allahabad and the Chief Court in Oudh, which sat at Lucknow, were merged to constitute a new court named the High Court of Judicature at Allahabad. Under Clause 14 the new court, its judges and its Division Courts are to sit at Allahabad, and elsewhere in the United Provinces only at places the Chief Justice appoints with the Governor's approval. The first proviso to that clause adds that at least two judges of the new court, nominated by the Chief Justice, shall sit at Lucknow for cases arising in such areas in Oudh as the Chief Justice may direct, unless the Governor directs otherwise with the Chief Justice's concurrence. That first proviso is the legal basis of the court's sitting at Lucknow, which handles cases from the Oudh region. A second proviso lets the Chief Justice order, in his discretion, that any case or class of cases from those areas be heard at Allahabad instead.