It must be said without giving any second thought that the Supreme Court Judge Hon’ble Mr Justice AS Oka who is retiring on May 24, 2025 very rightly said that Judges should be firm and not hesitate to offend someone. While sharing the ceremonial Bench with Hon’ble Mr Chief Justice of India BR Gavai and Hon’ble Mr Justice AG Masih which is a customary practice that is organized whenever a Judge retires and reflecting on his journey as Judge Hon’ble Mr Justice AS Oka candidly said that he was harsh at times and added stating that, “I always believe that a Judge has to be very strict. And a Judge should not hesitate to offend anyone.” He added a caveat further and said most unequivocally that, “But I was harsh only for one reason. I wanted to uphold the principles laid down by our Constitution.” Very rightly so!
It is certainly high time now and the worst discrimination that has been perpetrated in judiciary itself since last 75 years of completion of Constitution must be addressed at the earliest now! If we jog our memory a little back, we can recall how even the then former UN Secretary General Ban ki Moon while he was UN Secretary General had slammed UP as “rape and crime capital of India”! At first blush, even a layman can point out effortlessly that which State in India needs multiple High Court Benches and which State needs maximum High Court Benches! Still we see that UP which is most populated State of India with maximum pending cases and Rajasthan which is largest State areawise have only one Bench at Lucknow and Jaipur respectively and lawless Bihar has none!
This in my view is definitely the biggest and so also the most tightest slap on the face of Constitution and what befuddles me most is that Uttarakhand as long as it formed part of UP was denied even a single Bench even though Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself in mid 1970s most strongly recommended maximum High Court Benches for undivided UP with two Circuit Benches in hilly areas in Nainital and Dehradun yet not created and when people agitated hugely as they had to travel thousands of kilometers all the way till Allahabad to seek justice which in itself was the biggest betrayal of Constitution, deepest burial of justice and so also worst mockery of poorest litigants then after 54 years of independence, separate High Court was given suddenly about 25 years ago on November 9, 2000 at Nainital! By the way, Punjab and Haryana still have a common High Court! We also saw how a main permanent High Court Bench was recommended by Justice Jaswant Singh Commission for West UP about 50 years ago yet not created most distressingly till date even in May 2025!
One is totally clueless as to why Centre and concerned States are not taking any meaningful and decisive steps to create more High Court Benches not even in big States even though the 230th Report of Law Commission of India in 2009 headed by former Supreme Court Judge and an eminent jurist – Late Hon’ble Dr AR Lakshmanan most strongly advocated for creation of more High Court Benches in States and yet even after 16 years only few elite States like Karnataka, Maharashtra, Madhya Pradesh, West Bengal and Assam have multiple High Court Benches? No wonder, in the India Justice Report 2025 that was released on April 14, 2025, we see that States like Karnataka with population of just 6 crore having multiple High Court Benches with Dharwad and Gulbarga for just 4 and 8 districts only created in 2008 rank among the best States right on top and West UP with 30 districts and more than 10 crore people not even a single Bench and UP with more than 25 crore population which is more than Pakistan has just one Bench and it is a no-brainer that it has been listed in worst category just like lawless Bihar and Rajasthan among others also figuring in the worst category of States! Five south states rank among top performers as for just 3.5 crore people of Telangana, separate High Court created on June 2, 2014 and so also for Andhra Pradesh with just 4 crore population and we know that Andhra Pradesh Assembly just recently approved a High Court Bench in Kurnool but for Punjab and Haryana there is no separate High Court for both the States and so no wonder it figures in middle performer category states!
Still why Parliament never ensures that big States like UP, lawless Bihar and Rajasthan have multiple High Court Benches even after more than 78 years of independence? Parliament cannot be absolved ever from its most exceptional stupidity in doing nothing to set the record straight on this count and bringing them at least on parity with few elite States who have multiple High Court Benches like Karnataka even though its population at 6 crores is more than 4 crores less than West UP alone at 10 crores and more than 20 crores less than UP at 26 crores! No wonder, it is right at the top in the India Justice Report 2025! But it really speaks volumes of how much discrimination our Centre and so also our Parliament that is both legislature and executive has ensured is perpetrated on big North Indian States like UP, Rajasthan and Bihar in judiciary itself in High Court Benches distribution which makes me hang my head in shame!
By any reckoning, there cannot be ever a bigger tragedy than this that for 78 years of independence we see that West UP has been denied even a single High Court Bench even though it is West UP which owes for majority of the pending cases of UP which is highest not just in UP but is also highest in any other region of India yet mercilessly deprived from having even a single High Court Bench which is undoubtedly most disastrous! What is even most worst is that the litigants of 30 districts of West UP have been most atrociously attached with not even Lucknow where a High Court Bench exists since July 1948 in Eastern UP but attached most stupidly with Allahabad which is more than 250 km away from even Lucknow which means the poorest litigants of 30 districts of West UP have to spend more and travel whole night and nearly a day about 700 to 800 km in average by train to attend court hearings which is plainly unconstitutional just like litigants of hilly areas of undivided UP had to travel thousands of kilometers all the way again till Allahabad in true dictatorial style making the worst mockery of our Constitution and so also of poorest litigants till Uttar Pradesh was partitioned and this was the major reason which political parties never like to concede and judiciary also has been reticent in taking any action in this regard even though it took suo motu cognizance recently in cheating in Mayor elections! The trials and tribulations that litigants of West UP have to face due to no Bench in this region even though majority of pending cases are from West UP are simply unending yet most atrociously we see that Centre has done absolutely just nothing to resolve it and media too has utterly failed to highlight it effectively!
The bogey that West UP needs no Bench needs to be debunked! Rather I will ask: What was the dire need for a High Court Bench in Lucknow so near to Allahabad where High Court itself is located yet it has High Court since July 1, 1948? The point to reflect on is: How long will West UP be deprived from having even a single Bench?
With a very heavy heart, I want to say that Centre has been most biased in denying West UP even a single Bench! You don’t need a telescope to see that which State should have maximum High Court Benches as it is the most populated State of India with maximum number of pending cases! How long will Supreme Court be in hibernation mode on this count? It has to be acknowledged with grace that denial of even a single High Court Bench to West UP which owes for majority of pending cases of UP which is also highest for any region in India is not only dangerous and deleterious but also most disastrous, most despicable and most discriminatory!
Hon’ble Mr Justice Oka recalled that a “great Judge” had once advised him saying that, “Please remember one thing. You are not becoming a Judge to become popular. I have followed that advice to the hilt. And that is why so indirectly today it was said that sometimes I was very harsh.” He further hastened to add noting that, “I believe that this is one court which can uphold the Constitutional liberties. And that has been my humble endeavour. And I am sure that with the collective efforts of so many giants who are sitting here, this Court will continue to uphold liberty because that was the dream of the framers of the Constitution.” Let us still fervently hope that some Judge in Supreme Court will definitely one day take suo motu cognizance of this worst discrimination of distribution of High Court and High Court Benches in different States and different regions right under the nose of Supreme Court most shamelessly, most senselessly, most surreptitiously and most sinisterly by not allowing even a single Bench in UP in last 77 years even though UP has maximum pending cases among all the States and majority of pending cases from West UP yet not even a single Bench even though Justice Jaswant Singh Commission appointed by Centre itself recommended permanent seat of High Court Bench in West UP about 50 years ago and address it in the best possible convincing manner! It brooks no more delay any longer now!
My point is very clear: This definitely cannot under any circumstances continue endlessly! What I find really most troubling and so also most demoralizing is that this key issue directly pertains to judiciary and it is a grave violation of what is envisaged in Article 14 about equality in Constitution yet Apex Court also has most astoundingly and inexplicably desisted in last nearly 80 years of independence in taking a proactive stand on it and in ensuring that West UP has a High Court Bench so that the litigants don’t keep on suffering endlessly! But I still nurture a glimmer of hope that someday sooner or later it will definitely muster courage and conviction to honestly speak up most candidly on this also just like it spoke recently on more than half of Judges seat in Allahabad High Court lying vacant and ensure that a High Court Bench is created in West UP at the earliest as was directed also so very commendably by Justice Jaswant Singh Commission appointed by Centre itself about 50 years ago and yet not created till date! This is what I find exactly most bewildering!
Sanjeev Sirohi
