Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.
Legal Services India

» Home
Sunday, December 22, 2024

Why UP Has Just One High Court Bench And West UP None?

Posted in: Judiciary
Sat, Dec 11, 21, 20:12, 3 Years ago
star star star star star
0 out of 5 with 0 ratings
comments: 0 - hits: 4931
It must be stated at the very outset that it is quite bewildering and baffling to see that the state of UP which Ban ki moon who is the former UN Secretary General had slammed as the rape and crime capital of India

It must be stated at the very outset that it is quite bewildering and baffling to see that the state of UP which Ban ki moon who is the former UN Secretary General had slammed as the rape and crime capital of India has the least high court benches in India just one and that too just about 200 km away from Allahabad at Lucknow created way back on July 1 in 1948 when Jawaharlal Nehru was the Prime Minister! What is even more reprehensible is that West UP comprising of 26 districts which owe for about more than half of the total pending cases of UP has not even a single bench of high court! Why such a raw, third rated and step motherly treatment for West UP?

Why the high court and benches of 8 states and above all even Lahore high court in Pakistan is closer to West UP as compared to Allahabad high court? Why no attempt has been made to create more benches for UP particularly for West UP which owes for maximum riots, maximum rapes, maximum killings etc and still there is no bench here? Worst of all, why even the invaluable recommendation made by Justice Jaswant Singh who was a former Judge of the Supreme Court and former Chief Justice of Jammu and Kashmir High Court and appointed by former PM late Mrs Indira Gandhi as head of Jaswant Singh Commission to look into where all benches were required and who recommended 3 benches for UP with main bench at Agra where high court itself of UP was located from 1866 to 1869 and 2 circuit benches at Dehradun and Nainital even though on its recommendations benches were created at Aurangabad in Maharashtra which has been functioning since 1985 as also at Madurai in Tamil Nadu and Jalpaiguri in West Bengal?

Why even Supreme Court did not take notice of this glaring disparity and open cheating with the moré than 9 crore people of West UP and set up an independent SIT (Special Investigation Team) to look into it as to why Centre backstabbed UP so brutally even though maximum PM have all been from UP including Mrs Indira Gandhi who had set up the Jaswant Singh Commission to look into where all benches are needed?

Why the nearly one crore people of hilly areas of UP now created into a separate state in Uttarakhand in 2000 were still compelled to travel more than thousand kilometers all the way to Allahabad as Centre refused to set up a bench either at Dehradun where the capital of Uttarakhand is now located or at Nainital where the high court is now located?

Why other states where pending cases in high courts didn't exceed even one lakh were given more benches and which already had benches like Maharashtra which already had bench at Nagpur and Panaji but UP which owes for more than 10 lakh pending cases in high court itself which is more than the pending cases of 10 states put together and more than 97 lakh cases in lower courts which is more than nearly all other states put together was still denied even a single high court bench?

Why Centre has decided not to create even a single bench for any part of UP even though former PM Atal Bihari Vajpayee had demanded bench for West UP in Parliament in 1986 and present Chief Minister Yogi Adityanath had demanded a high court bench for Gorakhpur in 1998 in Parliament as he was MP from Gorakhpur then? Why Centre from 1955-2021 repeatedly took memorandums from the lawyers of West UP demanding high court bench and assured them repeatedly while also labelling it as a justified demand but when it came to setting up of bench decided to go out of turn for Karnataka and create 2 more benches there for just 4 and 8 districts respectively at Dharwad and Gulbarga while stubbornly refusing to create even a single bench for not just West UP but for any other part of UP including Bundelkhand? Why was it ignored that the population of Karnataka is just about 6 crore yet it has high court and 3 benches at Hubli, Dharwad and Gulbarga but West UP with more than 9 crore population has not even a single bench and UP with more than 24 crore population as UP CM Yogi Adityananth keeps proudly recalling every now and then has just one bench created way back in 1948 more than seventy four years ago?

Why was it ignored by Centre that Allahabad high court is the largest court not just in India but whole of Asia and also one of the oldest high court in India along with Calcutta, Bombay and Madras yet has just one high court bench? Why maximum Judges for Allahabad high court – 160 which is highest in India yet minimum benches again? Why UP has maximum districts 75, maximum MPs in Lok Sabha 80, maximum MPs in Rajya Sabha 31, maximum MLAs in Vidhan Sabha 404, maximum MLAs in Vidhan Parishad 100, maximum villages more than one lakh, maximum towns more than 700, maximum pending cases, maximum riots, maximum crime etc yet has just one bench? Why no attempt made to create more benches?

Why even six months strike by lawyers of 26 districts of West UP thrice as they did in 2001, three to four months strike as they did in 2014-15, two months as they did in 2010 and one month as they did in 2009 and one month hunger strike in 1978 apart from the strike every Saturday and even on Wednesday apart from the many strike for weeks every year has failed to shake Centre in taking any concrete step for creating a high court bench in West UP? Why Centre fails to appreciate that the people of more than 26 districts of West UP are compelled foolishly to travel more than 700-750 km on an average all the way to Allahabad which takes a whole night and people are compelled to travel many times to travel without reservations when they have to go all of a sudden many times? Still should a high court bench not be created in West UP?

If not then why Lucknow has a bench since 1948 when the distance till Allahabad is just about 200 km? Can't the people of Lucknow and adjoining districts travel 200-250 km to Allahabad when the people of 26 districts of West UP can travel so far? If Lucknow is capital then so is Bhopal which is capital of MP, Bhubaneshwar which is capital of Odisha, Dehradun which is capital of Uttarakhand, Dispur which is capital of Assam, Raipur which is capital of Chhattisgarh and Thiruvananthapuran which is capital of Kerala yet all these capital cities have neither high court nor bench? Is this fair?

Why the population of West UP at more than 9 crore is more than all other states except UP of which it is a part, Maharashtra and Bihar and here too the area of West UP at 98,933 square km is more than Bihar with just 94,000 square km yet West UP has not even a bench of high court leave alone having high court itself? Why Lucknow has bench for just 12 districts and area 62,000 square km but West UP with 26 districts and 98,933 square km has no bench? Why the recommendations made by many UP CM like Sampoornanand who in 1955 had recommended a bench for West UP at Meerut was repeatedly overlooked by Centre? Why when Mayawati recommended West UP to be created as a separate state in 1995 did Centre not accept it? Why even a single bench was not approved? Why even eminent Supreme Court lawyers like former President of Supreme Court Bar Association and former Union Law Minister – Kapil Sibal strongly recommended for High Court Bench at Meerut in UPA's tenure as was disclosed by another Union Minister RPN Singh yet no Bench created anywhere in West UP?

Just spending lakhs and crores of rupees on national highways or on creating more airports as we saw recently in Kushinagar and Jewar in UP which PM Narendra Modi inaugurated pompously as BJP did will not ensure victory in elections in West UP as lawyers had declared their aim of defeating BJP publicly at any cost as they didn't approve bench for 26 districts of West UP even though it took no time to create a bench at Kolhapur for just 6 districts where pending cases of all districts is less than that of Meerut alone and still Centre is not prepared to create even a single bench in any of the 26 districts of West UP even though tall leaders of BJP during elections time like Rajnath Singh and others had promised that they would create a bench soon if voted to power in UP and Centre? But even after more than 7 years in power in Centre, we still see no action on the ground! This explains why BJP lost in by elections in both Kairana and Noorpur! Earlier also in Gorakhpur BJP lost as there also no bench has been created till now even though CM himself had raised it in Parliament in 1998 and BJP MP Rajinder Agarwal from Meerut and another BJP MP from Baghpat and Union Minister Satyapal Singh too had demanded 5 benches for UP at Gorakhpur, Meerut, Agra, Jhansi and Varanasi but we see not a single bench is being approved till now!

As per the Section 51 of the States Re-Organisation Act of 1956, the Centre can create a high court bench in any of these 3 states – UP, Bihar and J&K directly by bringing it up in Parliament. Centre does not need any recommendation from State Government or the Chief Justice as has been very wrongly propagated for many decades! What a national disgrace that these very 3 states – Uttar Pradesh, Jammu and Kashmir and Bihar keep on grabbing the national news headlines for all the wrong reasons as crime incidents keep multiplying very rapidly and what is worst is Centre's stupid and crazy determination to not allow a single more bench in all these 3 states!

Even lawyers in Allahabad itself are not safe! We all saw how a young lawyer Rajesh Shrivastav aged 45 in Allahabad was shot dead mercilessly in broad daylight in market itself while he was on his way to court! There are so many other examples galore that it is just not possible to list out each one of them! Criminals know that it take ages for cases to be decided in UP as UP has least benches in India and maximum pending cases in India no matter how many tall claims UP CM may make time and again! UP former Chief Justice Dilip Babasaheb Bhosale while in office as Chief Justice in a case involving rape of few women on national highway in Bulandshahr in West UP rightly said that there is total lawlessness in UP as compared to Maharashtra where women can travel alone in night anywhere and this we all know very well yet Maharashtra has three high court benches at Nagpur, Aurangabad and Panaji even though it tops in the justice index list in latest rankings but Centre is not ready to set up one bench more anywhere in UP which figures among the bottom states! When Maharashtra can get benches in no time then why Allahabad High Court in UP which has maximum pending cases be denied its due share?

To say the least, why Centre disregarded the most commendable recommendation made by one of the most eminent jurist of India – Soli J Sorabjee who as Attorney General in 2001 had categorically recommended that, Centre is empowered to create a high court bench in West UP without any recommendation from the Chief Justice or Chief Minister or anyone else in this regard? Why Centre even disregarded what former Chairman of Supreme Court Bar Association BN Krishnamani said that, Only by the creation of a high court bench in any of the districts in West UP will the people living there get real justice? If UP can't be given more benches and West UP can't have even one bench then all the benches in India must be disbanded right now because it is the people of West UP who are suffering the most because of no bench here!

Last but not the least: Why can't Centre take serious steps to address this cancerous problem root and branch and not just resort to baby steps and band-aid measures like reducing time limit to reach Delhi by spending many crores of rupees on creating 14 lane national highways etc but doing nothing at all to create more benches anywhere in UP so that people are not compelled to travel whole night and half a day to Allahabad as is the case with more than 25 districts of West UP whereas most of the districts of West UP are so close to Meerut that it takes just few hours only? Why can't then this be done that a High Court Bench be created in Meerut? Is it really such a big deal? Definitely not! Only a strong political will power is needed which PM Narendra Modi has in abundance which we have seen also for ourselves time and again!

Parvez Alam, Advocate,
BA, LLB, LLM,
Chamber No. 151, Near Election Office,
Collectrate Compound, Kutchery,
Meerut – 250003, Uttar Pradesh.

Legal Services India

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
parvezalamadvocate
Member since Dec 11, 2021
Location: n/a
Following
User not following anyone yet.
You might also like
Rahendra Baglari v. Sub-Divisional Judicial Magistrate (M) writ petitioner for adjoining a Judicial Magistrate and the High Court and its Registry as Respondents to his plea against the order passed by the said Magistrate.
Navin Chandra Dhoundiyal vs.Uttarakhand long standing or established status quo brought about by judgments interpreting local or state laws, should not be lightly departed from.
Maharashtra has 4 high court benches at Panaji, Nagpur, Aurangabad and Kolhapur apart from High Court at Mumbai but on the contrary UP which has maximum pending cases in India
It is most shocking to see that a peaceful, one of the most developed and most prosperous state like Maharashtra has 4 high court benches at Panaji, Nagpur, Aurangabad and Kolhapur
I am neither a member nor supporter of BJP or any other political party nor a member of any of BJP's affiliated organizations like the RSS or VHP or any other organization.
Kirti vs Oriental Insurance Company Limited advocates cannot throw away legal rights or enter into arrangements contrary to law. It was also made clear that any concession in law made in this regard by either counsel would not bind the parties.
Supreme Court Bar Association (SCBA) on December 28, 2020 had expressed shock and deep concern on the arbitrary, illegal and brazen exercise of brute power by the police against lawyers, including the search conducted at the premises of an advocate representing some of the accused in the North-East Delhi riots cases.
media trial during criminal investigation interferes with administration of justice and hence amounts to contempt of court as defined under the Contempt of Courts Act, 1971.
Jamal v. Maharashtra dismissed a plea filed by the National President of BJP Minority Morcha – Jamal Anwar Siddiqui seeking 'X' category security.
Duroply Industries Limited and anr. Vs Ma Mansa Enterprises Private Limited in exercise of its ordinary original civil jurisdiction has recalled its own order of an injunction passed in a trademark dispute as the Judge presiding over the case had appeared for one party in respect of the same trademark in the past.
At the outset, it must be stated rather disconcertingly that it is India's misfortune that UP which has the maximum population more than 23 crore as Yogi Adityanath
At the outset, it has to be stated without mincing any words that it merits no reiteration that Judges age for retirement must be now increased to 75
Rajeev Bhardwaj v. H.P while dismissing a plea seeking a declaration of a sitting Judge's dissenting view as Coram non-judice and non est in the eyes of law.
Adv KG Suresh vs UOI has declared as unconstitutional the bar on lawyers representing parties in matters before the Maintenance Tribunals constituted under the Maintenance Welfare of Parents and Senior Citizens Act, 2007 (Maintenance Act).
Bar Council of India ensured that there is an entrance exam now for all those lawyers who want to practice which has to be cleared before lawyers can start practicing.
It is a matter of grave concern that while our Constitution enshrines the right to equality as postulated in Article 14 but in practice what we witness is just the reverse.
seeking interim bail/parole for the under-privileged and under-trial prisoners/convicts keeping in view the terrible havoc unleashed by the second wave of the Covid-19 pandemic.
When an intellectual giant like Fali Sam Nariman whom I personally rate as the world's top jurist and it is not just me but his extremely impeccable credentials are acknowledged in legal field, it is not just India but the whole world which listens to him in silence
Treasa Josfine vs Kerala that a woman who is fully qualified cannot be denied of her right to be considered for employment on the ground that she is a woman and because the nature of the employment would require her to work during night hours.
Government of India, Ministry of Home Affairs constituted a Committee to suggest reforms in our criminal justice system which has been facing repeated criticism for its various drawbacks
Congress government's rule in Centre, Kapil Sibal who was Union Law Minister had written very categorically to UP Government for creating a high court bench for West UP at Meerut
completely about the truthfulness of the retracted confession and should corroborate his/her confession as it is unsafe to convict an accused person solely on the basis of the retracted confession
Thabir Sagar vs Odisha the practice of Advocate's clerks filing affidavits on behalf of parties is unacceptable. Such a practice is in gross violation of Rule 26 of the Orissa High Court Rules. It has therefore rightly directed its Registry to ensure that steps are taken forthwith to stop the practice of accepting such affidavits
COVID situation in UP, the Allahabad High Court has issued revised fresh guidelines for the functioning of all the Courts and Tribunals subordinate to it.
amended its rules to make criticism and attack of Bar Council decisions by members a misconduct and ground for disqualification or suspension or removal of membership of a member from the Bar Council.
CJI NV Ramana who was appointed as the 48th CJI on 6th April, 2021 and took oath as CJI on 24th April 2021 has very rightly expressed his concern on the social media noise and how it adversely impacts the institutions also like judiciary to a great extent which actually should not be the case.
At the crucial meeting of the Central Action Committee. of more than 20 districts of Bar Association of West UP held at Aligarh
Why UP which is among the largest States, has maximum population more than 24 crore which is more than even Pakistan
When finances are needed for the purpose of improving the judicial system at the lower levels, there is reluctance to make such finances available.
rarely ever booked and made to face the consequences which only serves to further encourage men in uniform to take it for granted to indulge in worst custodial torture
Tarun Saxena vs Union of India as ultra vires Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which bars lawyers from representing parties in matters before the Maintenance Tribunals
Dhanbad district of Jharkhand was mowed down by an autorickshaw has sent shivers down the spine. The ghastly incident happened on morning of July 28 near the Magistrate colony of Dhanbad that was close to the Judge's residence.
Suman Chadha & Anr. vs. Central Bank of India in that the wilful breach of the undertaking given to the Court can amount to Contempt under Section 2(b) of the Contempt of Courts Act.
Rajasthan High Court Rules for Video Conferencing for Courts 2020 which shall be applicable to the proceeding of the High Court of Judicature for Rajasthan and all the Subordinate Courts of the Rajasthan with immediate effect.
Arun Singh Chauhan v/s MP deprecate the conduct of a practicing advocate who chose not to answer the repeated queries of the Court pertaining to the maintainability of his petition seeking issuance of a writ of quo warranto and regarding the non-impleadment of a necessary party
Dr.Mukut Nath Verma vs UoI Allahabad High Court imposed Rs 5 lakh costs on an advocate Dr Mukut Nath Verma after concluding that he unauthorisedly filed a writ petition on behalf of suspended and absconding IPS officer Mani Lal Patidar and also levelled serious allegations against state authorities and thereby misleading the Court.
Anil JS vs Kerala that instances of allegations about the police disrespecting the citizens were arriving at its doors with alarming regularity and therefore issued certain general directions in its judgment.
If there is one Judge on whom I have blind faith for his exemplary conduct throughout his brilliant career and who can never favour wrongly even his own son
Indianisation of our legal system is the need of the hour and it is crucial to make the justice delivery system more accessible and effective.
the gang war of different gangs have now reached right up to the court premises itself which are supposed to be the holiest shrines for getting justice.
It is not just for enjoying life or going for some holiday trip that lawyers of West UP repeatedly keep going on strike since last many decades.
CM Yogi Adityanath UP has progressed by leaps and bounds which one certainly cannot deny but why is it that it has just one High Court Bench only and that too just approximately 200 km away at the city famously called Nawab City
Just changing name of Allahabad to Prayagraj won't change the ground reality. It is a proven fact that High Court is still called Allahabad High Court and not Prayagraj High Court.
It is most shocking that all the Chief Justices of India from 1947 till 2000 were never shocked nor were any world famous jurist like Nani Ardeshir Palkhiwala, Ram Jethmalani, Shanti Bhushan, Prashant Bhushan among many others
Raggu Baniya @ Raghwendra vs UP has directed the Uttar Pradesh Government to instruct the District Magistrates of all the districts to re-evaluate the cases for remission after 14 years of incarceration even if appeals in such cases are pending in the High Court.
Union Minister of State for Law and Justice – SP Singh Baghel who is also an MP from Agra again in Western UP and who just recently took over has made it clear that his ministry was open to the setting up of a Bench of the Allahabad High Court in Western UP.
Anil Kumar and Anr. Vs Amit that the practice of advocates acting as power of attorney holders of their clients and also as advocates in the matter, is contrary to the provisions of the Advocates Act, 1961.
Shashank Singh vs/ Honourable High Court of Judicature at Allahabad that under Article 233 of the Constitution of India, a Judicial Officer regardless of his or her previous experience, as an Advocate, cannot apply and compete for appointment to any vacancy in the post of District Judge.
most powerfully raised vocally the legitimate demand for a High Court Bench in West UP which is the crying need of the hour also.
Top