It is most significant to note that in a path-breaking step with far reaching consequences, we see that none other than the Supreme Court itself in a leading case titled Biswanath Kundu vs State through CBI has come down heavily on the emerging reprehensible practice of advocates withdrawing from cases after being designated as Senior Advocates, terming the conduct “absolutely unethical” and a disturbing new trend within the apex court. It must be mentioned here that the Bench of Apex Court comprising of Hon’ble Mr Justice Ahsanuddin Amanullah and Hon’ble Mr Justice SVN Bhatti made the sharp observation during the hearing of this leading case when a matter was called out and no counsel appeared on behalf of the appellant. Upon inquiry, a lawyer present in court – though not appearing in the matter – informed the Bench that the Advocate-on-Record (AoR) for the petitioner had recently been designated as a Senior Advocate.
It is worth noting that while taking very serious note of this most disturbing trend, Hon’ble Mr Justice Ahsanuddin Amanullah criticized the practice where lawyers after achieving the distinction of being designated seniors, stop appearing in cases they had earlier committed themselves to. He also minced absolutely just no words to say in no uncertain terms most directly that, “This is a very new trend, and I think it is unethical on the part of the Bar. If somebody becomes a Senior Advocate, should they abandon the case? They should now assist as seniors. They have taken responsibility. Absolutely unethical practice.” There can be just no denying or disputing it!
We also need to note that Hon’ble Mr Justice Amanullah also pointed out that such disengagement appears to be specific to the Supreme Court. He pointed out clearly saying unequivocally that, “In this Court, I have seen this – and in no other Court.” It merits just no reiteration that such unethical practice cannot be ever justified or condoned!
While recollecting his own experience, Hon’ble Mr Justice Amanullah said that he had once obtained special permission, including governmental approval, to continue appearing in a matter after being designated as a Senior Advocate. He lamented saying that, “Very unethical practices in the Supreme Court” while referring to the growing tendency of disengagement without proper transition or client notification. This is definitely a very serious matter and the Apex Court has very rightly taken very serious note of it.
What also needs to be taken into account is that adding to the concerns, another counsel in court observed that, “It is the responsibility of the Advocate-on-Record to inform the client, coordinate the legal representation, and ensure a smooth procedural handover if unable to continue in the case.” The lawyer also pointed out saying that, “It is the duty of the counsel who was advocate-on-record to inform the client, coordinate with him, and get the AOR changed.” Hon’ble Mr Justice Amanullah concurred but reiterated the Court’s disapproval of the growing lack of accountability. He further very rightly directed the lawyers present in the court saying that, “Just convey to the counsel that the Court has taken strong sentiment to such a conduct.” Absolutely right.
But I must add here that 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! It is UP which has maximum population more than 26 crores and has maximum number of pending cases and still has only one High Court Bench at Lucknow so near to Allahabad created 77 years ago in July 1948 even though it is West UP which owes for majority of the total pending cases of UP and worst of all the litigants of 30 districts of West UP have been attached with not even Lucknow but right uptill Allahabad which means whole night and nearly a day wasted on just travelling alone to seek justice which in itself is the biggest betrayal of Constitution, deepest burial of justice and worst mockery of poorest litigants of West UP since last 78 years of independence yet Apex Court never interferes by taking suo motu cognizance nor Centre ever shows any real interest in addressing it! Dr BR Ambedkar who is founding father of Constitution himself recommended separate Statehood for West UP just like for East UP and Central UP but West UP has not even a Bench!
By the way, the population of West UP is more than majority of the States in India and so also majority of countries in world yet has not even a single High Court Bench! Most utterly disgusting indeed! 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 most astoundingly 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 June 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 like UP and Rajasthan as both have only one Bench and lawless Bihar most shockingly has none 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 alone have exclusive privilege of having multiple High Court Benches? To cut a long story short, the question is whether Centre will ever try to dismantle the monopoly of few elite States in having 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 get VVIP treatment by being given multiple High Court Benches at 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 26 crore population which is more than Pakistan at 25 crore has just one Bench only 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! It would be foolhardy to ignore the ground reality which speaks for itself. Yet Supreme Court also never takes suo motu cognizance of it and as we saw in November 2018 when an Apex Court Bench led by the then CJI Mr Ranjan Gogoi conceded the dire need of a High Court Bench in West UP while listening to a PIL by a woman lawyer KM Chitra dismissed the PIL saying that it was for Centre to decide! How long will a solution to this Bench issue in West UP keep lurking in the shadows?
Will creation of more High Court Benches ensure or hinder the rule of law? No prizes for guessing the clear writing on the wall! Why the most legitimate voice of the litigants of West UP for a High Court Bench has been throttled for so long despite West UP owing for majority of pending cases of UP and contributing to more than 80% of State’s economy? The crux of the problem is: Centre is least interested in taking any pains to seriously resolve this long pending issue which definitely has to be roundly and most strongly condemned!
As I see it, Centre must stop projecting Governor of UP as “real villain” by putting onus of decision making on Governor! Who is Governor who is usually an outsider appointed by Centre itself? How long will this “blame shifting” and “blame game” continue? Till 100 years which is target set for India to become a developed country by PM Narendra Modi? Such flimsy, facetious and false excuses are root cause for West UP not having even a single Bench despite so many compelling arguments in its favour!
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 as we saw in Chandigarh some time back! 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? The most critical question is: How much more time will Centre keep purchasing to settle this long pending High Court Bench issue in West UP?
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!
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 78 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 the requisite 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! All what I have stated as aforesaid are enough to drive home the point that West UP is in dire need of a High Court Bench just like Bihar where there is none as it brooks no more delay any longer now!
Sanjeev Sirohi