I am completely shell shocked and shake my head in utter disbelief to see that how can it happen that in a democratic country like India where Eastern UP which already had a High Court at Allahabad and as if this was not enough we saw how less than a year after independence on July 1, 1948, Centre approved a High Court Bench also at Lucknow known famously as “Nawab City” where it was just not needed at all as it is very close to Allahabad and nowhere else which is definitely most shocking. If Lucknow is capital then so also Bhopal is capital which has neither High Court as High Court is at Jabalpur nor Bench which are at Gwalior and Indore and similarly Dispur is capital of Assam but has neither High Court nor Bench and so also is the case in many other States. Make no mistake: There is a clear dereliction of Centre in doing its bit to set up High Court Benches in the most needy regions of Uttar Pradesh like West UP, Bundelkhand and Purvanchal in last more than 77 years which Centre definitely cannot exonerate itself by washing its hands off and blaming someone else for not doing it!
How atrocious that UP which is among the largest States, has maximum population – more than 25 crore, maximum districts 75, maximum constituencies 80, maximum MPs 80, maximum MLAs 404, maximum PM including Narendra Modi who represents Varanasi as an MP, maximum pending cases – more than 10 lakh and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57%, maximum Judges both in High Court – 160 and also in lower courts, maximum vacancies of Judges about 60 in High Court and 1200 in lower courts, maximum members in UP Bar Council more than 3 lakh and which is also the largest Bar Council in the world as claimed in the website itself of UP Bar Council yet the former Chairman of UP Bar Council – Darvesh Yadav who was the first woman to get appointed to this post was murdered cold blooded right in court premises in Agra which is again in West UP on June 12, 2019 by pumping bullets on her head and stomach, maximum poverty, maximum villages more than one lakh the exact number being 107040, maximum gram panchayats at 74626, maximum fake encounters killings, maximum custody killings, maximum dowry cases, maximum bride burning cases, maximum cases of human rights violations, maximum robberies, maximum dacoities, maximum undertrials, maximum cases of crime, loot, arson and riots and here too West UP tops with Saharanpur riots, Meerut riots, Muzaffarnagar riots tarnishing our international reputation to the extent that former UN Secretary General Ban ki Moon termed UP as “crime and rape capital” of India and what not yet Centre till now with 2024 about to start from 1948 when a Bench was created in Lucknow which is so close to Allahabad and where it was just not required at all is just not prepared to create even a single bench for not just West UP but for the entire UP?
Why is it that the people of West UP of 30 districts atrociously were compelled and are still compelled to travel all the way to Allahabad which is 230 km far away even from Lucknow where High Court Bench is located and averages 600 to 750 km on an average? Most shamefully and most disgracefully, why is it that the landmark recommendations of Justice Jaswant Singh Commission to create a High Court Bench in West UP was thrown in the waste basket?
As if this was not enough, the UPA government headed by former PM Manmohan Singh pompously decided to create 2 more High Court Benches for Karnataka for just 4 and 8 districts at Dharwad and Gulbarga respectively in 2008 first as Circuit Bench and then later in 2013 as full Bench as the Karnataka leaders who were very influential were Law Ministers and cared for Karnataka! The lawyers of West UP headed by senior lawyers and Chairman and Secretary of Central Action Committee constituted for setting up a High Court Bench in 1981 repeatedly met the PM, UPA Chairperson Mrs Sonia Gandhi, Rahul Gandhi among others but most atrociously all that UP got was a big slap on its face as not a single Bench was allowed anywhere in UP! For more than 10 crore people of West UP alone no Bench but for just 6 crore people of Karnataka, Centre felt most proud to create 2 more Benches for just 4 and 8 districts at Dharwad and Gulbarga which already had a High Court and a Bench at Hubli which makes me hang my head in shame! This despite the fact that Karnataka is a very peaceful state and in UP we see how all opposition parties keep beating their chest on lawlessness yet has just one Bench so close to Allahabad at Lucknow where it was just not needed at all!
But why blame UPA alone? Even the incumbent PM Narendra Damodardas Modi has ensured that not a single High Court is approved anywhere not just in West UP but in any hook and corner of UP even though it is UP which primarily decides which party will rule in Delhi! For a tiny region like Telangana with just 3 crore population, PM Narendra Modi approved Statehood on June 2, 2014 but how atrocious that for West UP even after 10 years in 2024 Centre is just not ready to approve even a single High Court Bench! The incumbent CM of UP – Yogi Aditynath had thundered with full might for a High Court Bench in Gorakhpur in 1999 while he was MP from there right inside Parliament and in 2015 even placed a private member bill with tears in eyes but he cannot be blamed as it is Centre which has to take the final call on this! Even Atal Bihari Vajpayee had as Leader of Opposition in Lok Sabha demanded High Court Bench in 1986 for West UP at Meerut yet we saw nothing translating on ground!
At first blush, one can make out easily as to which State needs more High Court Benches and which part of any State needs more Benches yet most atrociously Centre despite knowing everything is just not prepared to take any concrete action in Uttar Pradesh! Centre must spare a food of thought for this also. Even the 230th Report of Law Commission of India more than 14 years back headed by former Supreme Court Judge – Dr AR Lakshmanan had called for setting up of more High Court Benches in States but Centre has maintained a deafening silence on it which cannot be ever justified under any circumstances! I am definitely most anguished beyond words to see that how all PM have acted like copycats of Pandit Jawaharlal Nehru in ensuring that not a single High Court Bench is set up at any place other than in Lucknow which is most condemnable and most shocking!
One really wonders time and again as to why Centre has so fiercely opposed even a single more High Court Bench in last 77 years in any nook and corner of Uttar Pradesh at any city other than Lucknow known famously as Nawab City where it was just not needed at all as it is so close to Allahabad itself where High Court is located and where it was created way back in 1948 itself less than a year after independence in July! That’s all! After that we see no High Court Bench was created in last 77 years.
It must be asked: Does Centre want a difference of at least 100 years between the Bench in Lucknow in Eastern UP and a Bench at any place in Western UP whose population is alone more than 10 crore and more than half of the pending cases are from West UP? Is Centre waiting for 2048 to create a Bench in West UP? Can it be justified from any angle that the litigants of 30 districts of West UP have been attached not even till Lucknow which falls more than 230 km earlier but right uptill Allahabad to seek justice? Can on earth there be anything more atrocious than this?
In no way can Centre ever wash away the unpalatable truth which is so demoralizing, disgusting, degrading and disastrous that Uttar Pradesh which has maximum population among all the States more than 25 crores which is more than the population of 16 small States put together and so also maximum pending cases more than 10 lakhs in High Courts and about one crore cases in lower courts and here too more than half of the pending cases are from West UP and still has just one Bench only and both High Court and a single Bench are in Eastern UP alone and that too just at a distance of about 230 km only even though in 1981 it was agreed that the distance between High Court and bench should not be less than 300 km! It is high time and Centre must move beyond the myopic view that only Eastern UP alone is fit for both High Court and Bench and not any other region which according to Centre are legally worthless just not fit to be given a Bench! Why is Centre most disinterested on such a most sensitive issue which directly impacts the population of more than 10 crore people of West UP?
It is high time and Centre must move beyond the myopic view that only Eastern UP alone is fit for both High Court and Bench and not any other region which really baffles me most! Why so much of opacity in creation of High Court Benches? Why no transparency? That is the nub of the problem!
It merits no reiteration that Centre must take a clear stand on it and not indulge in frequent flip-flop over it as we have been seeing since last more than 77 years! Viewed in this light, it can be easily surmised that Centre has been most deadly biased in favouring only one particular region in regard to setting up of a Bench which is most unfortunate and must be strongly and roundly condemned! I have just no inkling as to why Centre has been so deadly biased on this without any logic in this blatant, brazen and blind discrimination against West UP and other regions as compared to Eastern UP and so also other States.
The billion dollar question is: Why we see that a peaceful State like Maharashtra which tops in the State list of Justice Index Ranking has maximum High Court Benches with its Benches at Nagpur, Aurangabad and Panaji functioning since May 1, 1960, June 27, 1984 and October 30, 1982 respectively and Uttar Pradesh just one and West UP which owes for more than half of the total number of pending cases has none? Why even Madhya Pradesh has multiple High Court Benches at Gwalior and Indore functioning since 1956 but in UP with 2024 about to start not a single High Court Bench created in last 75 years? To top it all, the litigants of West UP have to travel whole night and half day all the way not even till Lucknow but right till Allahabad to seek justice! If this is not making an open mockery of the concept of equality as enshrined in Article 14 of the Constitution then what else is? It is Allahabad High Court which has maximum Judges, maximum pending cases and here too West UP owes for more than half of them and still no Bench!
Why our Judges never hold Centre accountable for it? Why Centre has always given shallow promises only but done nothing concrete to change the ground reality like setting up of more High Court Benches in needy regions? This despite the irrefutable fact that it is West UP which contributes more than 75% of total revenue of UP and so also owes for more than half of the total pending cases of UP!
The setting up of both High Court at Allahabad and a single High Court Bench at Lucknow both in Eastern UP only for such a big State like UP with maximum population among all the States in India with maximum pending cases with Western UP alone accounting for more than half of the total pending cases of UP and contributing for more than 75% of State revenue and still being deprived of even a single High Court Bench just like in other regions like Bundelkhand and Purvanchal is certainly totally antithetical to the modern egalitarian virtues. It must be definitely asked: Why is Centre non-committal towards the annihilation of region based discrimination as we see in case of setting up of more Benches in UP where only one Bench created in 1948! This is akin to the perpetuation of the oppressive caste system which definitely cannot be ever justified under any circumstances! Why the more than 10 crore people of West UP have been left remediless by denying even a single High Court Bench?
What jitters my peace of mind most is: Centre fully aware of the ground reality has done just nothing to address it. The President of Central Action Committee – Mr KP Sharma who represents the lawyers of 22 districts of West UP under one banner was at pains to point out that, “It’s been over 70 years since we have been urging for a Bench of the High Court here in Meerut. Former Prime Minister Indira Gandhi had assured us that our demands would be fulfilled but nothing moved in this direction. Almost 52% of pending cases in Allahabad HC involve West UP residents. We have District and Sessions Courts but can’t file writs as only the High Court or the Supreme Court has the power to accept them. The Allahabad High Court is over 500 km away from most of the districts of West UP. The Central Government has to assure us; otherwise, the entire community in West UP will boycott the 2024 general election.”
What I find most troubling is that how Centre partially implemented Justice Jaswant Singh Commission headed by former Supreme Court Judge in the most discriminatory manner by denying undivided UP even a single High Court Bench more even though it recommended 3 Benches at Nainital, Dehradun and Agra! Most shockingly, States like Maharashtra which already had multiple High Court Benches at Nagpur and Panaji was given one more at Aurangabad and so also for West Bengal at Jalpaiguri which already had a Bench at Port Blair for just 2 lakh people and so also a Bench for Madurai was approved in Tamil Nadu! This is the real rub! When Centre can display so much of magnanimity for so many States like in Assam, West Bengal, Maharashtra, Madhya Pradesh and Karnataka then why so miserly for Bihar which has no Bench and UP where again West UP has no Bench? How strange that even Lahore in Pakistan is just 458 km from Meerut and Allahabad is 657 km away from Meerut and Saharanpur is more than 750 km away from Allahabad and still no Bench is set up here in any of the districts of West UP! The primary question here is: Whose brainchild is it that no Bench can be created at any place other than Lucknow?
