It is certainly a matter of utmost regret, national disgrace and biggest miscarriage of justice and open worst mockery of Constitution that UP which is among the largest States, has maximum population – more than 25 crore as PM Narendra Modi and CM Yogi Adityanath keep reiterating time and again, 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 cases in High Courts more than ten lakh cases, maximum cases in lower courts about to touch 1 crore and more than 97 lakh right now, maximum Judges both in High Court – 160 and also in lower courts, maximum vacancies of Judges both in High Court and also in lower courts, maximum members in UP Bar Council in the world and which is also the largest Bar Council in the world as claimed in the website itself of UP Bar Council yet we saw how none other than the former Chairman of UP Bar Council – Darvesh Yadav who was the first woman to get appointed to this prestigious 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 which sent shockwaves all over, 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 end of 2022 from 1948 when a bench was created in Lucknow which is so close to Allahabad is not prepared to create even a single bench for not just West UP but for the entire UP? It cannot be glossed over that the area of West UP is 98,933 square km and accounts for 33.61 percent of total area of UP and has 26 districts yet no bench but Lucknow with just 62,363 square km and 12 districts has a bench! Allahabad High Court is biggest High Court in whole of Asia as was claimed by Yogi Adityanath and also is one of oldest High Court yet has least Bench just one and so very near to Allahabad which is nothing but most ridiculous that has been perpetuated since independence and not rectified till now!
Why is it that the people of West UP of 30 districts foolishly were compelled and are still compelled most senselessly, shamelessly and stupidly to travel all the way to Allahabad which is far away even from Lucknow where High Court Bench is located and averages 600 to 700 km on an average? Most shamefully and most disgracefully, why no one cares for poorest of poor, women and infirm and physically handicapped people who can’t travel so far easily and Centre is most happy by inaugurating an international airport at Kushinagar which is a very good thing but why so miserly on High Court Bench? Just because Congress never did anything on this?
It cannot be lightly dismissed that none other than the former CJI Ranjan Gogoi while in office as CJI had categorically appreciated the dire need of a High Court Bench in West UP when a woman lawyer named KR Chitra raised this burning issue in her PIL in 2018 but Gogoi made it clear that it was for the Centre to take the final call on this! But Centre led by PM Narendra Damodardas Modi is very firm that what Jawaharlal Nehru did in 1948 to allot Bench only for “Nawab City” should be always maintained and in his more than 8 years he has proudly done that about which I myself feel most ashamed as the most historic recommendations of 230th report of Law Commission recommending creation of more Benches have been thrown in the dustbin! This despite the irrefutable fact that BJP tall leaders like Defence Minister Rajnath Singh, Union Minister like Gen VK Singh among others have always reiterated their support for a Bench in West UP as the people of 30 districts are compelled to travel whole night and half day all the way to Allahabad most foolishly which is truly incomprehensible!
Even Supreme Court has no valid reason to justify this worst stupidity on earth! The place where High Court Bench is set up is not a matter of concern nor should it ever be. The matter of serious concern is a High Court Bench must start most promptly in West UP.
There can be no gainsaying that the lesser one says about the third rated treatment accorded to UP in general and West UP in particular by Centre, the better it is! Centre has certainly left no stone unturned to humiliate UP to the hilt by denying even a single High Court Bench to West UP in particular where lawyers have been agitating since last so many decades when even I was not even born though I am nearing 50! The raison-d’-etre behind denying West UP even a single High Court Bench has never been disclosed and I find it entirely incomprehensible as to why since last more than 75 years West UP has no High Court Bench!
It merits asking: Why Apex Court has thus far never cared to take any meaningful initiative in this regard to address this long pending issue for once and all? Just one High Court Bench for the most populated State of India with maximum pending cases is the biggest insult of our Constitution which guarantees right to equality to all citizens as a fundamental right under Article 14! There can be no bigger insult than this that both High Court and a single High Court Bench are only in Eastern UP alone and so very close to each other and nowhere else which is most astounding!
It must be said that in all fairness the decision of Centre to create more and more High Court Benches for peaceful States like Maharashtra which tops in the latest “Justice Index Ranking State List” and Karnataka and not approving even a single more Bench for entire UP since 1948 is most disgusting, disgraceful and dastardly act perpetrated by none other than Centre itself for which Centre, Centre and no one else but Centre itself is responsible. Centre definitely cannot abdicate its responsibility by laying the blame of not taking any decision on this count solely on the spineless defence that it is the Chief Justice or Governor or CM who has to give the recommendation or any other authority. Ex-CJI Ranjan Gogoi had as CJI ruled clearly that Centre has to take the final call on this!
It definitely merits no reiteration that the landmark recommendations of Justice Jaswant Singh Commission is more than adequate to create a Bench in West UP as was recommended and as was implemented in other States like Maharashtra which already had multiple High Court Benches! Why so much of fuss, fuming and brouhaha over a Bench in West UP when no fuss made for other States as pointed just now and so also in UP itself at Lucknow which is so near to Allahabad just about 200 km away and still a Bench created way back in 1948? Can Centre or Apex Court ever introspect on this most honestly and speak its mind candidly on this?
It must be asked: Why when none other than the former UN Secretary General Ban ki Moon himself termed UP as the “rape and crime capital of India” teetering on the razor’s edge of dire dangers with collapse in law and order could not shake Centre who decided instead that not one Bench would be given to West UP or any other part of UP rather more and more Benches would be given to a peaceful State like Maharashtra which already had multiple High Court Benches? No wonder, UP tops the State list of maximum pending cases and Maharashtra tops in the latest State list in Justice Index Ranking Report! Centre must spare a moment and ask itself: What has it gained by denying West UP even a single High Court Bench since last 75 years while equipping Eastern UP which already had a High Court with a Bench also just 11 months after independence in 1948?
It needs to be asked: Should Centre be lauded for this most gross discrimination that it perpetrated on the most populated State of India with maximum pending cases? Let me here go one step further and ask: Has Centre gained anything by depriving West UP of even a single High Court Bench since last 75 years? With what face can Centre or Apex Court justify this worst discrimination on earth that was perpetrated since independence till now with impunity with no one being held accountable for this?
I want to ask Centre: Is it not high time that a High Court Bench is granted not just for West UP where it is needed most but also to Bundelkhand and Purvanchal where there is none? Why can’t Centre shun its most reprehensible stand of not allowing even a single High Court Bench not just in West UP but in whole of UP except the one at Lucknow in Eastern UP where it was just not needed? It is high time and ripe enough for Centre to reconsider its irrational stand of not allowing even a single Bench in whole of West UP!
No doubt, the earlier it does, the better it shall be in the long term interests of the litigants of 30 districts of West UP with population of more than 10 crores and other needy regions! Undoubtedly, a new system of creating Bench is definitely the crying need of the hour just like what Centre is very rightly advocating that a new system to appoint Judges is the crying need of the hour! Centre is certainly horribly wrong in denying West UP even a single Bench since last 75 years. But it is an unpalatable truth that Apex Court is most horribly wrong in not taking Centre to task for going so horribly wrong on such a key issue like this and most selectively implementing Justice Jaswant Singh Commission report only in States like Maharashtra which already had multiple Benches and not in UP which had just one Bench!
It is time now to take some most tangible steps in this direction by taking concrete measures to create a Bench in West UP and shun doing only lip service alone like saying “Centre is fully committed to ‘speedy justice’ and ‘justice at doorsteps’!” One big action taken on ground like creating a Bench in West UP where it is definitely needed also is worth more than endless lip service which ends up just nowhere on ground. This is what Centre must always bear in mind and act accordingly!
The germane question to be asked is: Why is Centre only worried about preserving its votebank and vested political interests and not antagonizing the powerful lobby which is deadly opposed to the creation of a Bench in West UP? Why can’t Centre take some much needed out-of-the-box initiatives in this regard by acting courageously on this count? Why has it always behaved most diffidently since last 75 years no matter who was the party in power in Centre?
At the end of the day, it is none other than Centre itself which has the onerous job to decide on where a Bench is to be established in West UP and no one else as was ruled also by the then CJI Ranjan Gogoi as CJI in 2018 as mentioned earlier. I would have most vociferously justified Maharashtra having maximum Benches among all the States if it had the maximum number of pending cases and not UP but what we see in reality is that it is UP which has maximum and still has minimum Benches just one and that too so near to High Court! This is definitely just not acceptable under any circumstances and it makes a complete mockery of equality as enshrined in Article 14 of Constitution! I will end with a simple thought: Let the past bury its dead. But at least now Centre must act as is the pressing need of the hour also! Let’s fervently hope so!
Parvez Alam
