One really wonders time and again as to why Centre has so fiercely opposed even a single more High Court Bench in last 77 years in any nook and corner of Uttar Pradesh at any city other than Lucknow known famously as Nawab City where it was just not needed at all as it is so close to Allahabad itself where High Court is located and where it was created way back in 1948 itself less than a year after independence in July! That’s all! After that we see no High Court Bench was created in last 77 years.

It must be asked: Does Centre want a difference of at least 100 years between the Bench in Lucknow in Eastern UP and a Bench at any place in Western UP whose population is alone more than 10 crore and more than half of the pending cases are from West UP? Is Centre waiting for 2048 to create a Bench in West UP? Can it be justified from any angle that the litigants of 30 districts of West UP have been attached not even till Lucknow which falls more than 230 km earlier but right uptill Allahabad to seek justice? Can on earth there be anything more shameful than this?

In no way can Centre wash away the unpalatable truth which is so demoralizing, disgusting, degrading and disastrous that Uttar Pradesh which has maximum population among all the States more than 25 crores which is more than the population of 16 small States put together and so also maximum pending cases more than 10 lakhs in High Courts and about one crore cases in lower courts and here too more than half of the pending cases are from West UP and still has just one Bench only and both High Court and a single Bench are in Eastern UP alone and that too just at a distance of about 230 km only even though in 1981 it was agreed that the distance between High Court and bench should not be less than 300 km! It is high time and Centre must move beyond the myopic view that only Eastern UP alone is fit for both High Court and Bench and not any other region which according to Centre are legally worthless just not fit to be given a Bench! Why is Centre most disinterested on such a sensitive issue which directly impacts population of more than 10 crore people of West UP?

It is high time and Centre must move beyond the myopic view that only Eastern UP alone is fit for both High Court and Bench and not any other region which really baffles me most! Why so much of opacity in creation of High Court Benches? Why no transparency? That is the nub of the problem!

It merits no reiteration that Centre must take a clear stand on it and not indulge in frequent flip-flop over it as we have been seeing since last more than 77 years! Viewed in this light, it can be easily surmised that Centre has been most deadly biased in favouring only one particular region in regard to setting up of a Bench which is most unfortunate and must be strongly and roundly condemned! I have just no inkling as to why Centre has been so deadly biased on this without any logic in this blatant, brazen and blind discrimination against West UP and other regions as compared to Eastern UP and so also other States.

Why we see that a peaceful State like Maharashtra which tops in the State list of Justice Index Ranking has maximum High Court Benches and Uttar Pradesh just one and West UP which owes for more than half of the total number of pending cases has none? If this is not making an open mockery of Article 14 of the Constitution then what else is? Why our Judges never hold Centre accountable for it?

As any of those who reside in any of the districts of West UP know, the lawyers of West UP will again assemble as usual on August 19, 2023 that is Saturday on which day lawyers boycott work in protest against denial of a Bench to West UP under the banner of the Central Action Committee at Bulandshahr as has been happening since last more than 42 years since May 1981 after the lawyers of more than 20 districts of West UP and so also those districts who now form part of Uttarakhand decided to form a united forum to pursue the struggle relentlessly for a High Court Bench in West UP in May 1981 in protest against Centre’s most ridiculous, retrograde and reprehensible decision displaying open partiality by not allowing creation of even one High Court Bench in undivided UP even though Justice Jaswant Singh Commission headed by a former Supreme Court Judge had recommended three High Court Benches for it at Agra, Dehradun and Nainital while wasting no time in creating a High Court Bench in Aurangabad in Maharashtra in 1985 which already had multiple High Court Benches at Nagpur and Panaji and so also at Jalpaiguri in West Bengal which already had a Bench at Port Blair in Andaman and Nicobar islands for just 3 lakh people but for more than 10 crore people of West UP we saw Centre did not approve even a single High Court Bench and when the people of hilly areas agitated then Centre in 2000 gave them High Court itself by creating it as a State with population of about 88 lakh at that time but as long as it formed part of UP, it refused to create two Benches at Dehradun and Nainital as recommended by Justice Jaswant Singh Commission!

It is most shocking that UP which is among the largest States, has maximum population – more than 25 crore, maximum districts 75, maximum constituencies 80, maximum MPs 80, maximum MLAs 404, maximum PM including Narendra Modi who represents Varanasi as an MP, maximum pending cases – more than 10 lakh and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57%, maximum Judges both in High Court – 160 and also in lower courts, maximum vacancies of Judges about 60 in High Court and 1200 in lower courts, maximum members in UP Bar Council more than 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 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 2023 staring us 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? Area of West UP is 98,933 square km and accounts for 33.61 percent of total area of UP and has 30 districts yet no bench but Lucknow with just 62,363 square km and 12 districts has a Bench!

I can’t make a head or tail of it as to why Lucknow which is so near to Allahabad has Bench since 1948 and West UP even after 77 years of independence has none and worst of all the litigants of West UP attached not even with Lucknow which falls 230 km earlier but right uptill Allahabad to seek justice? When Centre can amend the penal laws made by Britishers as we saw recently then why can’t Centre also amend the most stupid decision taken by Centre in 1948 to create a single High Court for the most populated State of India at Lucknow only and not a single for Western UP even though more than half of the pending cases are from West UP? How long will Centre keep ducking the all-important Bench issue in West UP?

I have just no doubt in my mind, not even an iota of doubt that denying most mercilessly even a single High Court Bench to West UP and attaching the litigants of West UP not even with Lucknow but right uptill Allahabad is the worst travesty of justice and is the most egregious violation of Article 14 of Constitution which promises right to equality as a fundamental right to all citizens of India! The creation of a Bench in West UP is bound to bring about a paradigm shift in the criminal justice delivery system by making it easily available at doorsteps thus making it more fair, efficient and responsive to the needs of the people. The central problem here is: Centre is just not ready to budge on Bench issue which I find most perplexing. Why can’t Centre be more flexible on setting up of more High Court Benches in UP?

Suffice it to say: Supreme Court which is the last ray of hope for the people must at least now intervene should have the guts, gall and gumption to differ with the famous old adage that:
Might is right” and should not restrain itself in speaking out most vocally that how can the most populated State of India with maximum pending cases have just one Bench only when other States with far lesser pending cases and lesser population like Maharashtra, Assam, Karnataka, West Bengal and Madhya Pradesh can have multiple High Court Benches and here too why West UP which owes for more than half of the total number of pending cases has none? Why the 230th Report of the Law Commission of India prepared by the eminent legal luminary and former Supreme Court Judge late Dr AR Lakshmanan advocating for creation of more High Court Benches has not been uniformly implemented even after 14 years after its historic recommendations having been submitted and why only very few States have multiple High Court Benches even though the crime rate in those States is very low as compared to States like UP and Rajasthan which have just one Bench and lawless Bihar where there is none? This burning issue cannot be kept in the backburner any longer!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh