“Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.”
– Haile Selassie
We cannot just afford to ever gloss over that Centre is not any Tom, Dick and Harry that it cannot take adequate steps to ensure the facilitation of a High Court Bench in West UP to save the litigants from the humongous task of travelling whole night and half day all the way not even till Lucknow which falls 230 km earlier but right uptill Allahabad which averages 700 to 750 km from majority of districts at every hearing of the concerned case to seek justice which in itself is the biggest betrayal of Constitution and worst form of injustice and open mockery of litigants of West UP who cannot afford to travel by plane all the way till Allahabad! It cannot be denied that tolerance of injustice in any form is a threat to justice in all forms in society! What topples my peace of mind most of the time is: Why has Centre thrown such a serious High Court Bench issue in West UP out of the window since last more than 78 years while creating High Court Bench in Lucknow in Eastern UP in July 1948 which already had High Court so near at Allahabad since centuries is for Centre to specify clearly? At the end of the day, what matters most is action taken on the ground!
What leaves me completely speechless and flabbergasted is to see how conveniently Centre invents some lame excuse or the other to justify denial of a High Court Bench in West UP like sanction of Governor needed as we saw recently when Union Law Minister said that we have no problem with Bench in West UP which definitely cannot be justified by any person in his right senses under any circumstances as Justice Jaswant Singh Commission appointed by Centre itself nearly 50 years ago headed by former Supreme Court Judge recommended permanent seat in West UP at Agra yet not created till date! Denial of even a single Bench to West UP stands as a testament to how shamelessly, sinisterly and surreptitiously Centre has discriminated against West UP even though it is West UP which owes for majority of pending cases of UP and contributes to more than 80% to State’s economy which definitely portrays Centre in poor spotlight for not doing anything worthwhile to address this long simmering issue for nearly 80 years! There is no credible reason to deny West UP from having even a single High Court Bench! It is for Centre to come clean on this which cannot be done by just passing the buck to Governor or someone else!
It is not only very unfortunate but also highly condemnable that UP which tops the State list in having maximum pending cases among all the States in India with difference of many lakhs in number has only one Bench and that too so close to Allahabad at Lucknow in Eastern UP and what is worse is that West UP which owes for majority of total pending cases of UP has not even a single High Court Bench! What is even more worst is that the litigants of West UP have been attached not even with Lucknow which falls more than 230 km earlier but right uptill Allahabad to seek justice which means whole night and nearly a day wasted on just travelling alone by train who cannot afford plane travel which is not only absolutely preposterous but also biggest betrayal of what Constitution stands for, merciless slaughtering of justice and makes the worst mockery of poorest litigants of West UP and ensures that they suffer the most in all respects! Most disgusting indeed!
To top it all, we see that Justice Jaswant Singh Commission appointed by Centre itself and headed by former Supreme Court Judge recommended permanent seat of High Court Bench in Agra in West UP and even after nearly 50 years it has been not implemented most maliciously while taking no time in granting one more Bench to Maharashtra at Aurangabad which already had multiple Benches at Nagpur and Panaji and so also in West Bengal at Jalpaiguri which already had a Bench at Port Blair! I must say this most upfront: The High Court Bench issue in West UP is the most strongest case in the world to win but most astoundingly we see that most top and most eminent practicing lawyers of Supreme Court who are famous world over have never taken any interest of any kind in fighting such an “open and shut” case right in the Supreme Court but yes, I concede that is their personal choice!
I have just no hesitation in saying that a mere glance of pending cases in different High Courts will prima facie lead to a clear inevitable conclusion that there is not even a vestige of doubt that it is UP which must have maximum High Court Benches in India not just one as we see since independence and not Maharashtra or Assam or Karnataka or West Bengal or Madhya Pradesh who all have multiple High Court Benches even though they stand no patch to UP in terms of maximum pending cases and maximum population with Madhya Pradesh, Karnataka and Assam having population less than West UP whose population is more than majority of the States in India and so also in matter of backlog of pending cases and yet has not even a single Bench leave alone having High Court and multiple Benches as ideally should be the case! Why Apex Court which most promptly takes note of even cheating in a Mayor election as we saw some time back in Chandigarh and so also many other trivial issues never bothers to take suo motu cognizance of the worst discrimination perpetrated concerning directly the judiciary itself which is a national disgrace is still shrouded in darkest secrecy? It is high time and Apex Court must stop leaving this most pressing issue on Centre only as we saw former CJI Ranjan Gogoi held while dismissing a petition for creating High Court Bench in West UP that was filed by women lawyer Ms KR Chitra in November 2018? 6 years have lapsed and still we see absolutely just no action taken by Centre except dishing out most lame and flimsy excuses!
It must be asked: Why the 230th Report of Law Commission of India prepared under aegis of former Supreme Court Judge Late Dr AR Lakshmanan and eminent legal experts which most strongly recommended creation of more High Court Benches in States more than 15 years ago is still gathering dust remains the unsolved biggest puzzle on earth till date? Why States like Maharashtra treated like a king that inspite of it having multiple High Court Benches at Nagpur and Panaji was given one more at Aurangabad in early 1980s as recommended by Justice Jaswant Singh Commission but West UP deprived from having even a single Circuit Bench leave alone permanent Bench even though Maharashtra tops in the Justice Index Ranking State List for being most peaceful State but UP slammed by former UN Secretary General Ban ki Moon as “rape and crime capital of India” yet still treated like a beggar and deprived from even a single Bench even though maximum Benches – 3 recommended for undivided UP with two Circuit Benches at Dehradun and Nainital and one Permanent Bench at Agra in West UP which also owes for majority of pending cases of UP yet not one created in last more than 50 years? Is it not the biggest mystery on earth? You decide!
The most puzzling question here is: Who is responsible for this most arbitrary, atrocious, whimsical and chaotic decision that mercilessly trampled the most legitimate and compelling right of the people of West UP and hilly areas of undivided UP to have “justice at doorsteps” by creation of a High Court Bench? Is it Allahabad High Court? Is it Supreme Court? Is it Centre? Is it Parliament? Is it Chief Justice of Allahabad High Court? Is it the CM who himself in January 2024 recommended High Court Bench to Allahabad High Court but withdrew it the very next day? Is it Governor? Is it CJI? This responsibility must be fixed because denial of even a single Bench to West UP cannot be ever justified!
Whoever is responsible for it has definitely violated the sanctity of what our Constitution stands for and what Preamble stands for which begins with “We, the people of India”! It has not helped matters that even the top court has been watching everything like a passive and powerless spectator with a most deafening silence for nearly 80 long years! Most bewilderingly, even most of our national media and national newspapers and so also news channels in particular rarely bother to even discuss it neither on UP nor even in lawless Bihar which most atrociously and so also most horribly West UP!
One is totally clueless on the rationale behind denying West UP even a single Bench inspite of owing for majority of pending cases of UP! Abolish all the high court benches in India if West UP cannot be given bench because West UP which owes for majority of pending cases not just in Uttar Pradesh but even in any other region of India and in any other State also and Centre till date is dead determined never to allow even a single Bench in any nook and corner of Uttar Pradesh other than the one so near to Allahabad at Lucknow in Eastern UP and worst of all attached 30 districts of West UP with not even Lucknow but with Allahabad which is 230 km away from even Lucknow due to which litigants of West UP have to travel 700 to 800 km on average all the way whole night and half day till Allahabad to seek justice which in itself is the biggest betrayal and biggest murder of Constitution and justice as it throttles the basic right of litigants of West UP to get “justice at doorsteps”! But no one in power in Centre really cares about it! This is the real rub!
By all accounts, UP must be treated as “primus inter pares” which means first among equals! But the most unfortunate part is that UP, lawless Bihar and Rajasthan are placed in the last row by depriving them from having multiple High Court Benches most chillingly with West UP and Bihar having none and PM and CJI watching like a helpless, hapless and hopeless spectator! I am most astounded, ashamed, appalled and aghast at how much ruthless temerity Centre has demonstrated in bulldozing the most legitimate demand for a High Court Bench in West UP, Purvanchal, Bundelkhand and lawless Bihar!
Should I dance in joy that Centre is approving and inaugurating more and more international airports in UP which already tops in the State list in having maximum number of airports and so also in West UP and most recently an airport inaugurated in Saharanpur which is also in West UP but is most far away from Allahabad High Court about 800 kms and still we see no High Court Bench being created in West UP which makes me hang my head in shame? In one shot, UP has become the only State in India to have over 10 international airports. On March 10, PM Narendra Modi inaugurated multiple airports in UP in cities which include Aligarh in West UP, Azamgarh, Chitrakoot, Moradabad in West UP and Shravasti! Can a very poor person afford to travel by aeroplane? Why Centre is catering only for the “richest of the rich” but not for the “poorest of the poor” by creating even a single High Court Bench in any of the 30 districts of West UP with more than 10 crores population which is most baffling indeed? Why Centre very conveniently glosses over what Mahatma Gandhi once said most famously that, “Recall the face of the poorest and weakest man you have seen, and ask yourself if this step you contemplate is going to be any use to him?”
Though the Bench issue in West UP is now a staple of scholarly discourse, it has made scarcely any inroads into the common understanding of the “poorest of poor” for whom the lawyers of West UP have been crusading by taking the battle of High Court Bench to the streets to ensure that it reaches to its logical conclusion of creation of a Bench in West UP! As recently as on October 19, 2024, the lawyers of West UP in Meerut resolved that they would not shy away from even going to jail if Centre does not fulfill their most legitimate and compelling demand for a High Court Bench in West UP and boycotted work just like as has been happening every Saturday in all districts of West UP since last 43 years yet we see that Centre is caring two hoots for it which definitely cannot be ever justified under any circumstances!
There can be just no refuting the irrefutable fact that it is high time and a major overhaul is needed most desperately in the manner of distribution of High Court Benches in different States hinging on the population, size and pendency of cases because currently we see that most irrationally there has been allotment on this count which is totally incomprehensible at least now when 100 years of independence is just at a stone throw away distance! It makes absolutely just no sense at all that the most populated State of India that is Uttar Pradesh with maximum number of pending cases has just one High Court Bench only and as if this was not enough, we see most horribly that the one Bench at Lucknow created so close to Allahabad where High Court itself is located in Eastern UP! Adding fuel to fire further, we see that the litigants of 30 districts of West UP attached with not even Lucknow which falls more than 230 km earlier but right uptill Allahabad which in itself is the biggest betrayal of Constitution, brazen throttling of justice and worst of all makes the most horrendous mockery of poorest litigants of West UP who cannot afford to travel by plane and have to travel again and again to attend court hearings by train like a donkey or a slave all the way right till Allahabad most foolishly!
This despite the irrefutable fact that it is West UP which owes for majority of pending cases of UP as conceded on record by Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself which alone explains why it recommended a permanent seat of High Court Bench in West UP at Agra yet after nearly 50 years we see no action taken on it! Not just this, we saw how maximum three High Court Benches were recommended for undivided UP yet not one created which led to people of hilly areas giving momentum to separate Statehood as litigants had to travel thousands of kilometers like a ass all the way again till Allahabad most horribly! Is Centre waiting for West UP to tread on lines of Uttarakhand?
How can anyone on this earth ever deny that none other than late Mr Atal Bihari Vajpayee whose 100th birth anniversary was celebrated on December 25, 2024 all across the nation had in 1986 most forcefully demanded the setting up of a High Court Bench in West UP right inside Parliament as Leader of Opposition? Even former PM Late Mr Rajiv Gandhi had wanted to set up a High Court Bench in West UP but as a rift had developed between Meerut and Agra as place where it should be set up, this most pressing issue was not addressed and was receded to the backburner most unfortunately! While indulging in most blatant, brutal, brazen, blind and baseless discrimination, Centre approved one More High Court Bench for Maharashtra at Aurangabad in early 1980s even though it already had multiple High Court Benches as was recommended by the Justice Jaswant Commission!
The only durable solution is creation of High Court Bench in West UP! Denial of even a single Bench in West UP is wholly unjustified! Let us not forget that none other than UP CM Shri Yogi Adityanath himself had even sent a written recommendation to the Allahabad High Court in January 2024 but most perplexingly withdrew it the next day without disclosing that under what circumstances it was withdrawn!
The moot question here is: Why has merit been allowed to become the worst casualty in allotment of High Court Benches in different States? Why Apex Court has never intervened on such a most pressing issue which directly concerns the judiciary itself is the biggest conundrum that still remains unaddressed? Fact is, West UP should have been given a Bench way back in 1947 or 1948 but what we witnessed on ground was that Allahabad which had High Court in Eastern UP since centuries was allotted Bench also at Lucknow so near to Allahabad in 1948 more than 76 years ago and nowhere else even though majority of pending cases are from West UP which also contributes more than 75% to State’s economy yet accorded most step-motherly treatment by being deprived from having even a single Bench which makes a complete sham of our democracy as equality in distribution of High Court Benches even in different regions of the same State has been flouted so openly as we see in UP where Eastern UP alone enjoys the unfettered monopoly of having both High Court and a single Bench so very near to each other which is completely antithetical to the very concept of equality as enshrined in Article 14 of Constitution!
What is worse is that Centre did not do anything to ensure that a High Court Bench is created in West UP or any other region of UP other than East UP! What is even most worst is that even Supreme Court on such a critical issue directly concerning and affecting judiciary did not do anything at all to ensure that UP and especially West UP was not mercilessly discriminated against without any rhyme or reason on allotment of Bench! The whole world saw how Supreme Court got so angry when cheating took place in a Mayor election in Chandigarh but what baffles me most is why the same Supreme Court maintains a deafening silence when it comes to worst discrimination perpetrated against big States like UP and Rajasthan which both have only one and most disgracefully lawless Bihar has none just like West UP and nothing on earth can be more atrocious than this and still has gone completely unchecked, unnoticed and unattended by the top court for nearly 80 long years! Most disgusting indeed!
It is a no-brainer that which State needs more High Court Benches yet most unfortunately we see that Centre is just not at all prepared to see the clear writing on the wall nor is Apex Court prepared to ruffle the feathers of Centre on such a most pressing issue directly affecting the poorest litigants who become the worst casualty due to no Bench being created in needy regions like West UP, Purvanchal and Bundelkhand! One says this not with glee but with sorrow: Centre has never evinced any interest leave alone resolve in addressing this long pending issue since 1947!
It is very rightly pointed out by eminent and senior lawyer and so also former General Secretary of Meerut Bar – Mr Tarun Dhaka in his enlightening legal article titled “How Can It Happen That UP Has Least High Court Benches In India And West UP Has None” published most prominently in June 2015 issue of the prestigious All India Reporter (AIR) Law Journal explaining in detail which is definitely a “Must Read Article” for not just students and lawyers but even for Judges that how most openly Uttar Pradesh has been so wrongly discriminated in allotment of High Court Benches and worst of all how West UP has been deprived from having even a single High Court Bench even though it owes for majority of the pending cases of Uttar Pradesh as acknowledged by Justice Jaswant Singh Commission appointed nearly 50 years ago by Centre itself headed by former Supreme Court Judge due to which it recommended a permanent main Bench for West UP!
It is absolutely mind blowing to see how the most populated State of India with maximum number of pending cases has been so chillingly, cunningly and callously discriminated against without any remorse when it comes to High Court Benches where there is just one at Lucknow so close to Allahabad where it was just not needed at all created way back in 1948 and in West UP, Purvanchal and Bundelkhand none just like in lawless Bihar where there is none! There has been a complete non-application of mind when it comes to the core issue of creation of High Court Benches in different regions and different States!
Coincidentally we see that incumbent PM Mr Narendra Modi is MP from Varanasi in UP and maximum PM have been from UP but still it is Maharashtra which has maximum number of High Court Benches even though it tops in Justice Index Ranking of States list and has much less pending cases than UP and less Judges which only underscores how vital it is to ensure that UP has multiple High Court Benches! It was in tenure of former CJI Dr DY Chandrachud as Chief Justice of Allahabad High Court that lawyers of 22 districts of West UP under one banner went on strike for 6 months demanding High Court Bench just like it was done in 2001 and still nothing was done to resolve the deadlock!
In this regard, I must say that it was most enlightening to read the sagacious legal article titled “Why CJI Never Dares To Speak Up On High Court Bench In West UP? by eminent, senior and distinguished lawyer of Meerut Bar – Mr Parvez Alam published in prestigious web portal “Legal India” dated 6 February 2023 and his many other legal articles on the dire need for “High Court Bench in West UP” has also been published in ‘The Daily Guardian’ newspaper like Neither High Court Nor Even A Bench For Western UP” updated on November 29, 2022 and so also “Centre Or Apex Court Must Order Bench In West UP” updated on December 9, 2022 and so also his many articles on High Court Bench I have read in “The Daily Punjab Times” e-newspaper underscoring how desperately UP needs more High Court Benches and so also West UP! It is most saddening to note that UP has given maximum PM to India since independence still most unfortunately has just one High Court Bench which cannot be justified somehow or anyhow! It is definitely most pathetic and is most disheartening to see as it is the “biggest betrayal of Constitution and justice” with no one wanting to catch the bull by the horns! This must change now!
Which country on earth will act so shamelessly, senselessly and stupidly like India to deprive the most populated State of India that is Uttar Pradesh (UP) from having not just maximum but not even from having multiple High Court Benches which owes for maximum number of pending cases among all the States in India and here too adding salt to wound has further ensured that only one particular region that is Eastern UP alone has both High Court and so also Capital and so also single High Court Bench and rubbing salt on the wounds of the people of West UP attached litigants of West UP with not Lucknow but right uptill Allahabad to seek justice which in itself is definitely the biggest betrayal of justice and Constitution? This despite the irrefutable fact that it is West UP which owes for majority of pending cases of UP which is also the highest in any region of India which has left me completely speechless, shocked, stunned and shattered to the hilt! The argument that West UP cannot be given even a single High Court Bench deserves to be rejected in its entirety. I am a complete loss to comprehend that what is the raison d’être of Centre denying West UP even a single Bench even though majority of cases are from West UP in both High Court and in lower courts?
It merits questioning: How can Apex Court gloss over the time tested dictum that, “Injustice anywhere is a threat to justice everywhere?” Why Apex Court never dares to take suo motu cognizance of this open cheating and blatant discrimination defies logic and is truly incomprehensible raising a big question mark on its firm commitment to equality as envisaged in Article 14 of Constitution? What I find most jaw-dropping to note is that this denial of a High Court Bench to West UP is despite the irrefutable fact that it is West UP which owes for majority of pending cases of UP and ideally High Court itself should be transferred to West UP as it is intending to do in Assam, Uttarakhand, Kerala and Andhra Pradesh but leave alone transferring High Court, we see that Centre is just not at all prepared to create even a single High Court Bench as recommended by Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself nearly 50 years ago and even though its recommendations have been implemented in Maharashtra by creating Bench in Aurangabad which already had High Court Benches in Nagpur and Panaji and so also for West Bengal at Jalpaiguri which already had a Bench in Port Blair and so also at Madurai in Tamil Nadu but not a single for UP for which maximum three Benches were recommended with permanent Bench at Agra in West UP yet not even a single Bench approved for West UP as was recommended!
What makes my blood boil the most is that Centre since last 78 years has treated UP, lawless Bihar and Rajasthan in most ruthless manner by giving them either one Bench or not even a single like Bihar which is most deplorable! It is truly most incomprehensible that why Centre took no time in 2014 to approve both High Court and Capital for Telangana with just 3 crore people but not a single High Court Bench for West UP with more than 10 crores people even eleven years later in 2025! How can Centre discriminate so ruthlessly with impunity and yet our Supreme Court most shockingly never says a word on it! This must change now! The earlier, the better!
It is definitely most striking, shocking and saddening to see that even after more than 78 years of independence we still see that no party ruling in Centre has ever cared for the endless woes of the litigants of West UP which they have been facing due to the most despicable, dastardly and derisive stand of Centre to not allow even a single High Court Bench in whole of West UP or even in whole of UP even though former Mumbai Commissioner of Police and former Union Cabinet Minister in PM Narendra Modi’s regime Dr Satyapal Singh very strongly pitched his voice right inside Parliament a few years back in 2016 in support of two High Court Benches for West UP at Meerut and Agra and in addition also demanded High Court Bench in Varanasi, Gorakhpur and Jhansi! As if this was not enough, former PM late Mr Atal Bihari Vajpayee himself demanded High Court Bench for West UP at Meerut in 1986 as Opposition Leader in Parliament and still till now with 2025 about to begin in few days time we see no High Court Bench set up anywhere not just in West UP but in whole of UP except the one at Lucknow created way back in 1948 so near to Allahabad where High Court is located where it was just not needed at all! Centre’s firm determination to help the “poorest of the poor” litigants can come to fruition only by the creation of more High Court Bench in needy regions like West UP, Purvanchal and Bundelkhand where not a single Bench created in last nearly 80 years!
It was on auspicious November 26, 1949 that Constitution was prepared by eminent jurists and experts under Chairmanship of Dr BR Ambedkar who is the key architect to ensure equality, liberty, justice and secularism without any discrimination on any ground whatsoever! Why Centre in last nearly 80 years has bulldozed what Dr BR Ambedkar so fervently pitched for in granting separate Statehood for Western, Central and Eastern UP yet we see not even a single High Court Bench being created in Western or Central part what to talk about High Court for West UP which owes for majority of the cases of UP! At this juncture, it would be material to note that justice and truth can be ensured only if there is a level playing field.
What we see in case of distribution of High Court Benches in different States most unequally and most disgracefully is by Centre giving few elite States like Maharashtra, Assam, Karnataka, West Bengal and Madhya Pradesh multiple High Court Benches leaving out big States like UP, Rajasthan and Bihar to suffer most unjustly with just one or no Bench which makes a complete mockery of the very concept of justice, truth and equality as enshrined in Constitution and is definitely the biggest disrespect to it and many like me term it as “murder of Constitution”! Why Centre keeps mocking at UP knowing fully well that it is UP which tops the States list in having maximum number of pending cases and has maximum population and here too it is West UP which owes for more than half of the total pending cases of UP and has more population than most of the States in India including Karnataka, Madhya Pradesh, West Bengal, Assam among others who have multiple High Court Benches apart from High Court but West UP has ruthlessly been deprived from having even a single High Court Bench ?
Why is it ignored that even legal giants like Ram Jethmalani, Soli J Sorabjee, Kapil Sibal etc have time and again reiterated the dire need for setting up a high court bench in West UP? Why is it ignored that Soli J Sorabjee as Attorney General had said in 2001 that, “Centre can create a High Court Bench in West UP without any recommendation from the State Government or the Chief Justice.” Why is it ignored that even former Supreme Court Bar Association President BN Krishnamani had said that, “Only by the creation of a high court bench in West UP will the people living there get real and effective justice. It should not be denied to them rather should be given at the earliest.”
Why is it conveniently ignored that incumbent President of Supreme Court Bar Association Kapil Sibal had recommended for High Court Bench in West UP at Meerut when he was Union Law Minister in UPA regime? Why is it ignored that former UP CM Sampoornanand recommended a High Court Bench for West UP in 1955 at Meerut but Centre overruled him? I am hard pressed to wonder and just can’t visualize that why Centre is behaving so helplessly in setting up a High Court Bench in West UP?
Even the incumbent CM Shri Yogi Adityanath in January 2024 had forwarded the proposal for a Bench in West UP to Allahabad High Court but most intriguingly withdrew it the very next day! He also 26 years ago had demanded Bench in Gorakhpur right inside Parliament and in 2015 even presented a Private Member Bill for it in Parliament! Still in last 76 years not a single Bench created other than the one at Lucknow since July 1948!
It is most shocking that UP which is among the largest States, has maximum population – more than 26 crore as CM Yogi Adityanath and so also PM Narendra Modi always so very proudly claims, 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% and now after so many decades the percentage of pending cases in West UP has gone substantially much higher, maximum cases in lower courts about to touch 1 crore, 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 more than 1 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 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 just recently we see Bahraich coming in news for communal disturbances most recently, maximum undertrials in all age groups and what not yet Centre till now in January 2025 from July 1948 when a Bench was created in Lucknow which is so close to Allahabad and where it was just not needed at all is not prepared to create even a single bench for not just West UP but for the entire UP nor even ready to attach 30 districts of West UP with more than 10 crore population which is more than majority of States with Lucknow? 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 many say in whole world and also is one of oldest High Court and UP Bar Council has maximum members yet has least Bench just one and so very near to Allahabad which is nothing but most senseless, shameless and stupid decision perpetuated since independence and not rectified till now! There is a political predicament that is complicating this Bench issue to be addressed effectively!
It must be asked: Why is it that the people of West UP of more than 30 districts foolishly were compelled and are still compelled most senselessly to travel all the way to Allahabad which is far away even from Lucknow where High Court Bench is located and averages 600 to 800 km on an average but the people of Nawab City i.e. Lucknow cannot travel even 200 km away to Allahabad? Most shamefully, why no one ever really 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 and now again at Jewar in West UP and in Ayodhya in December 2023 and most recently in Saharanpur in West UP which is a very good thing and has maximum airports in India and so also maximum highways and super expressways but why we then see so miserliness on High Court Bench for West UP which will benefit all whether poor or rich or Hindu or Muslim or of any other religion? Centre must act now and not just keep on advancing one lame excuse or the other as a pretext for not creating a High Bench anywhere in UP other than at Lucknow where it was just not needed at all as it is so close to Allahabad and worst still the 30 districts of West UP were not attached even with Lucknow which falls 230 km earlier but right uptill Allahabad which means more than 700 km on average all the way to Allahabad to seek justice which in itself is the biggest injustice!
It must definitely be asked: When Centre in 2008 can create two High Court Benches for Karnataka which has just 6 crore population for just 4 and 8 districts only at Dharwad and Gulbarga respectively then why for 30 districts with 10 crore population West UP cannot have five or six High Court Benches as maximum number of pending cases are from West UP? Why litigants of West UP have to travel whole night and half day all the way to Allahabad? 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 since 1948!
We all know that for just 3 crore people of Telangana Centre approved separate High Court and separate Capital and Statehood on June 2, 2014 just like for Andhra Pradesh with population of just 4 crores by partitioning Andhra Pradesh just like Chhattisgarh was created by partitioning Madhya Pradesh in November 2000 even though population of Madhya Pradesh and Chhattisgarh combined is less than West UP alone! Now we hear that Andhra Pradesh State Assembly has approved a High Court Bench in Kurnool also! But most shockingly for West UP with more than 10 crores people we see that not even a High Court Bench is approved by Centre which leaves me completely speechless! Why the hell on earth Supreme Court has been so tolerant to this open most worst discrimination on the distribution of High Court Benches in different States? Why lawless Bihar has not even a single High Court Bench and so also West UP which owes for majority of cases of UP?
It is a no-brainer that Eastern UP alone cannot be deemed to have an indefeasible right to have both High Court and High Court Bench and in other regions like Western UP or Bundelkhand or Purvanchal not allowing even a single Bench is most horrendous because this flawed approach is against the very core basis on which our Constitution rests upon. It cannot be dismissed lightly that none other than Dr BR Ambedkar who is considered as the key architect of the Constitution himself proposed the division of Uttar Pradesh into three States that is Western, Eastern and Central and still Centre most shamelessly is not ready to concede even a single High Court Bench to West UP leave alone creating five to six High Court Benches as ideally should be the case! This alone explains why Ex-CJI Mr Jagdish Singh Khehar had once very rightly said that, “One set of citizens cannot prosper at the cost of another set of citizens, for that would not be fair or unreasonable.”
It must be said that Supreme Court which is the last bastion of hope for people and litigants and so also the former CJI Hon’ble Dr DY Chandrachud who had been CJI for last two years and who earlier was Chief Justice of Allahabad High Court for nearly three years when lawyers of West UP went on strike for nearly six months in 2014-15 just like in 2001 from July to December and so also most astoundingly strike every Saturday since last about 45 years have definitely not crowned themselves with glory by leaving everything on Centre alone who has done just nothing on it! Supreme Court is final but it cannot be always infallible! It has grievously erred by not doing anything on this since last nearly 80 years!
Let’s still fervently hope that better sense prevails on it and it acts keeping in mind the larger interests of the litigants of West UP which owes for majority of cases of UP and still has not even a single Bench! How long will the litigants of West UP be made a scapegoat for no fault of theirs? To say the very least, Supreme Court just like Centre must show some sense of regret, remorse and repentance for maintaining a ‘sphinx-like silence’ on not doing anything to implement the historic Justice Jaswant Singh Commission recommendations in UP of a permanent Bench in West UP also like it was implemented in States like Maharashtra which already had multiple High Court Benches and still one more was created at Aurangabad!
The narrative that is gaining ground because of media not highlighting this Bench issue proactively is that people consider it a trivial issue which is definitely not the case! Even Centre’s role in addressing it leaves a lot to be desired! Why can’t even Centre get to the bottom of the problem which has been festering for such a long time inordinately? How long will even Centre do just nothing to check, combat and crush all those stumbling blocks that have contributed in one way or the other to stymie the chances of West UP being given a Bench as was demanded even by former PM late Mr Atal Bihari Vajpayee in 1986 right inside Parliament as Leader of Opposition?
It is certainly high time now and judiciary must definitely listen to Mr Kapil Sibal who has more than 52 years of experience as an advocate right in the Supreme Court itself and must be more proactive in protecting the rights of the citizenry! Whether it is the right of the people of West UP to get “justice at doorsteps” by being given a High Court Bench as recommended even by Justice Jaswant Singh Commission or the right of a citizen not to be arrested without proper investigation being conducted, it is the judiciary that has to step in and be more proactive in taking the bull by the horns. The fundamental point that I wish to make here forcefully is: For how long will Apex Court and Centre just gloss over the compelling and legitimate demand for a High Court Bench in West UP?
Let us still hope with a bright sense of optimism about the future by quoting the famous Lebanese poet – Kahlil Gibran: “Yesterday we obeyed kings and bent our necks before emperors. But today we kneel only to truth, follow only beauty and obey only love!” Let’s fervently hope that one day or the other, we will see either Supreme Court or Centre doing something on this most decisively just like for lawless Bihar where there is not even a single Bench but at least it has High Court but West UP has not even a Bench! The upshot of above detailed discussion is that it has become indubitably clear that Centre has favoured worst discrimination in creation of High Court Benches in different States and different regions which definitely is the biggest, blatant, brutal, baseless and blind discrimination that makes an open mockery of Article 14 of Constitution when States like Madhya Pradesh which has just 7 crore population, Karnataka which has just 6 crore population can have separate High Court and multiple High Court Benches then why West UP with more than 10 crores population has got no Bench leave alone High Court like Tamil Nadu with just 7 crore population and Andhra Pradesh with 4 crore population and Telangana with 3 crore population among other States who have separate High Court and so also many other States who have far less population but still have High Court and West UP has not even a Bench just like Bundelkhand and Purvanchal even though population of West UP is more than 10 crores which means more than the population of majority of the States and maximum pending cases in UP are also from West UP which is also highest in any region of any State of India! If West UP cannot be given High Court Bench then all the Benches must be abolished in India! The 230th Report of Law Commission of India favoured creation of more High Court Benches for not just Karnataka or Maharashtra but also for UP and Rajasthan which have just one Bench and lawless Bihar none but Bihar at least has High Court and West UP inspite of being bigger in area with 98,000 square km area than Bihar with 94,000 square km area has not even a single High Court Bench! No denying or disputing it!
The billion dollar question is: When will Centre bring the curtains down on the most pressing issue of setting up a High Court Bench in West UP which has been hanging fire for a mind boggling time of more than 78 years? Priyanka Gandhi said in Parliament that why Centre keeps blaming Jawaharlal Nehru for all left undone? Even Supreme Court senior lawyer Abhishek Manu Singhvi pointed out that why can’t Centre take its own decision as it has been in power for nearly 11 years now? Absolutely right!
Nehruji created 76 years ago a High Court Bench in Lucknow so near to Allahabad where High Court is located in July 1948 without dishing any lame excuse, why then no other PM could dare to create even a single High Court Bench anywhere even in undivided UP till 2000 when Uttarakhand was created as a separate State because of agitation by people? Why when Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended permanent Bench for West UP still even after nearly 50 years not created even though in Maharashtra Centre approved one more Bench which already had multiple High Court Benches? When will Centre go full throttle in ensuring that the creation of a High Court Bench in West UP is done now without any more dilly-dallying on one pretext or the other?
How long will Centre piggyback on lame excuses to deny West UP from having even a single Bench? Why such a pressing issue never dominates the discourse in different news channels is truly incomprehensible and most baffling indeed! Why can’t Centre keep powerful vested elements at bay when it comes to taking a call on the creation of a permanent High Court Bench in West UP?
On a broader plane, what must definitely weigh maximum in Centre’s scheme of things is its firm commitment to ensure that the litigants of West UP gets justice at doorsteps which is its Constitutional obligation also which is possible only by the creation of a High Court Bench in any of the districts of West UP at the earliest! From my own standpoint, there is absolutely just no credible justification in denying even a single High Court Bench to West UP! The overarching importance of High Court Benches especially in big states like UP as laid bare in 230th Report of Law Commission of India cannot be overstated!
Why has Centre run out of gas in not having political will to approve even a single Bench in any nook and corner of UP other than at Lucknow so near to Allahabad in last 78 years of independence? The gist of my argument is: How long will Centre keep inventing lame excuses to justify denial of a High Court Bench in West UP? Centre must refrain now completely from “higgledy-piggledy” approach as most unfortunately we have been witnessing since last nearly 80 years of independence on this particular key pressing issue!
To say the very least: The utter nonchalant approach of Centre in addressing it has been of biblical proportions for which it definitely cannot be given a clean chit! How can Centre keep its eyes shut to the clear writing on the wall for such a long time? What I find most heart breaking is the heartless manner in which Centre has rode roughshod over the most legitimate and compelling demand for a High Court Bench in West UP!
The prime question here is: Who is responsible for this most messy state of affairs perpetrated most atrociously in allotment of High Court Benches in different regions and different States? It must definitely also be asked: Why Supreme Court has gone into a deep hibernation on such a most pressing issue directly connected with the judiciary itself since last nearly 80 years? The most germane question is: When will it wake up and take suo motu cognizance of it? After 100 years in 2047 or 2048?
What leaves me even more completely dumbfounded is that even our national media barring few newspapers and so also most of the news channels have also turned a complete blind eye and deaf ear to the huge inconvenience faced by the litigants of West UP which definitely makes for most depressing reading. What has really shaken me to the hilt and angered me most is that even after knowing fully well that lawyers of West UP have been going on strike for 6 months as in 2001 and so also in 2014-15 and strike every Saturday since last nearly 45 years and strike for month or two months since last many decades as in 2009 and one month hunger strike also as in 1976 demanding High Court Bench in West UP and what not but still Centre is recalcitrant to take any tangible step to resolve this long pending most pressing issue! This is the real rub!
It must be addressed at the earliest now by the Centre without forwarding one pretext or the other as was done in Karnataka with just 6 crore population in 2008 for just 4 and 8 districts at Dharwad and Gulbarga even though West UP has more than 10 crore population which is more than the population of majority of the States in India and still has not even a Bench leave alone having a High Court as ideally should have been as even Dr BR Ambedkar favoured West UP as a separate State! No denying!
To conclude, all one can do is hope against hope that Centre will at least now wake up from its unending deepest slumber and get its act together to initiate credible steps needed to usher in the process of creating a High Court Bench in West UP! Huge backlog of pending cases is in no small measure attributable to the denial of even a single High Court Bench in West UP and Sambhal which is dominating the news headlines for all wrong reasons is also in West UP! Why has Centre been watching like a mute spectator the robbing of most basic fundamental right of litigants of West UP and the strangulation to get “justice at doorsteps” even though it attributes for majority of pending cases of UP and contributes to more than 75% to State’s GDP and economy? It is for Centre to answer and act fast now on this long pending issue at the earliest! It is high time and now Centre needs to turn the tables on this count and act most decisively without any more delay further that is completely unaffordable for the poorest litigants! No denying it!
By any reckoning, it is UP which must have maximum Benches as it tops State list in having maximum pending cases and in UP, it is West UP which should have High Court and maximum Benches because majority of pending cases are from not Eastern UP which has both High Court and Bench but from West UP which most atrociously has not even a single Bench! Every person in India knows of this most merciless discrimination yet Supreme Court, Allahabad High Court, Parliament and even our national media is maintaining a perplexing deafening silence on it! Let me now conclude by asking most thought provoking and worth pondering question: Why multiple High Court Benches and so also High Court only for few States whose total population is less than West UP like Assam, MP and Karnataka and on what basis?
To say the least: When will this most merciless, most unjustified and most disgraceful discrimination ever end? At the end of the day, what matters most is action taken on the ground! What must be realized is that why does Centre and policy makers not realize that being a prisoner of the past is not going to help in anyway in changing things for the better for the litigants of West UP?
How long will Centre remain wedded to the past most Himalayan blunder committed by creating only one Bench for the most populated State with maximum pending cases? There can be definitely just no gainsaying that Centre, Parliament, Supreme Court, Allahabad High Court and so also our national media and national newspapers and even our national news channels must definitely seriously give it a food of thought and after seriously deliberating arrive independently at their own logical conclusions! No denying or disputing!
Sanjeev Sirohi,