Constitutionality of Srimati Radhika Sinha Institute and Sachidanand Sinha Library (Requisition And Management) Act, 2015 remains sub judice

Anurag Krishna Sinha filed the appeal in the Supreme Court on March 7, 2024 against the judgement dated February 29, 2024 by Patna High Court's Division Bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy in Anurag Krishna Sinha vs. The State of Bihar through the Chief Secretary, Government of Bihar, Patna & Anr. (2024). Justice Chandran had delivered the verdict after hearing the writ petition which challenged the constitutional validity Srimati Radhika Sinha Institute and Sachidanand Sinha Library  (Requisition And Management) Act, 2015 on January 8, 2024. The petition was filed in the High Court on May 15, 2015. The High Court reversed the interim order dated May 22, 2015 by the Division Bench of the then Chief Justice L. Narasimha Reddy and Justice Sudhir Singh which had suspended the operation of the Act as an interim measure. The case was registered in the Supreme Court on March 11, 2024. It was verified On March 14, 2024.

Supreme Court's Division Bench of Justices Vikram Nath and Sandeep Mehta passed an order dated November 11, 2025 reads:"Pursuant to order dated 29th April, 2025, we have been informed by Mr. Ranjit Kumar, learned senior counsel appearing for the respondent-State of Bihar that he has the Original Records of the 2015 enactment, i.e. Smt Radhika Sinha Institute and Sachchidananda Sinha Library (Requisition and Management) Act, 2015, with him. The said Original Records are to retained by him. List the appeal on 19th November, 2025 on the TOP OF THE BOARD. Till 19th November, 2025, status quo, as it exists today, be maintained."

Notably, Supreme Court's Division Bench of Justices Hrishikesh Roy and Prashant Kumar Roy passed an order dated April 22, 2024. The order reads:"2. While various contentions are raised by the petitioner to assail the impugned judgment dated 29.02.2024 and the vires of Srimati Radhika Sinha Institute and Sachidanand Sinha Library (Requisition and Management) Act, 2015, it is noticed that the concerned Institute having, inter-alia a Public Library and an Auditorium, are located on Government land. 3. It is also pointed out that the State Government had enacted 2015 Act for the purpose of better management and development of the Institute and its Library." 

It referred to para 46 of the impugned judgment itself regarding the obligation of the State after they took over the Institute and Library. It reads: "46. The vesting occurs of ‘the Institute & Library’ on the State Government for the purpose of better management and development of ‘the Institute & Library’. The objects of the Trust cannot be digressed from by the State Government nor is it intended to be, as is disclosed from the impugned enactment. Whatever rights, powers and duties that remained with the Trustees, in the management of ‘the Institute & Library’ as was available after Annexure-2 agreement was entered into, would also vest completely in the State Government by the impugned enactment.” Later, the Court passed an order dated April 29, 2025. It reads: "We have heard learned senior counsel appearing for the parties at some length and, in our considered 1opinion, it would be appropriate and just to examine the original records related to 2015 enactment, i.e. Smt. Radhika Sinha Institute and Sachchidananda Sinha Library (Requisition and Management) Act, 2015. We order accordingly. Mr. Nadkarni, learned senior counsel, to arrange for the production of original records on the next date." 

The Supreme Court recorded senior counsel's submission that the State Government intends to honour its commitment for proper maintenance of the Institute and Library and the steps that are being taken are in larger public interest. The order concluded: "5. Having considered the above, we feel that interim order as sought by learned Senior Counsel for the petitioner may not be justified. The Interlocutory Application (IA NO.66319/2024) is accordingly dismissed. The IA No.73646/2024 – for impleadment is rejected." 

Also read: Srimati Radhika Sinha Institute and Sachidanand Sinha Library (Requisition And Management) Act, 2015 is constitutionally valid: Patna High Court