Whenever you are in doubt, or when the self becomes too much, recall the face of the poorest and the weakest man/woman whom you may have seen, and ask yourself, if the step you contemplate is going to be of any use to him/her. Will it lead to Swaraj for the hungry and spiritually starving millions? Then your self will melt away.

Who else can say such most sagacious words other than Mahatma Gandhi himself whose whole life inspires not just Indians but people from all across the globe. Today on his 154th birth anniversary, if I think that the biggest insult that could ever have been meted out to him was the partition of India as he was the strongest champion of Hindu and Muslim unity and was deadly against partition on the most flimsy ground of religion! If after partition, I reflect that the biggest insult that could have been meted out to Gandhiji was Centre deciding most stupidly, most shamelessly and most senselessly to create just one High Court Bench for whole of undivided Uttar Pradesh due to which the people of hilly areas had to travel most horrifyingly thousands of kilometers all the way not even till Lucknow where a single High Court Bench was created in July 1948 less than 6 months after Gandhiji left for heavenly abode but right uptill Allahabad most mercilessly which means more than 230 km away from Lucknow to secure justice which is most shocking, most absurd and truly incomprehensible!

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 with 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? Even Justice Jaswant Singh Commission appointed by Centre itself recommended High Court Bench for West UP yet not created even though for States like Maharashtra which already had multiple High Court Benches at Nagpur and Panaji was given one more at Aurangabad in 1985!

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 of Uttar Pradesh as acknowledged by Justice Jaswant Singh Commission 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!

What I find most deeply disturbing is that for peaceful States like Karnataka with population of 6 crore only has multiple High Court Benches with two being created at Dharwad and Gulbarga in 2008 for just 4 and 8 districts respectively but for 30 districts of West UP with population of more than 10 crore we see not even a single Bench created which is again most absurd. This despite the irrefutable fact that lawyers of West UP have gone on strike for 6 months as in 2001 and in 2014-15 and so also on every Saturday since May 1981 till now and strike for many months so many times since last so many years and still we see nothing being done by Centre to address it and this is most bone chilling! How long will the Bench demand for West UP be demonized, derided and dismissed most contemptuously by Centre time and again?

Let me be very straight forward in asking: Why for just 3.5 crore people of Telangana we saw that Centre way back on June 2, 2014 approved Statehood itself but for more than 10 crore people of West UP not even a single High Court Bench approved! As if this was not enough, what I find most deeply disturbing is that for Telangana even e-filing facility approved but in UP or Bihar we see till now nothing happening on ground. I hope that Centre will act in this regard and do more for UP and Bihar where crime incidents keep grabbing headlines in media reports.

I am most happy to note that Centre is definitely working full fledged on Swachh Bharat Mission which was very dear to Mahatma Gandhiji! Centre is doing so many good works which were dear to Gandhiji’s heart and I really laud Centre for it but on creating more High Court Benches in most needy States like UP which has just one and Bihar which has none, a lot of ground we have to cover! I fervently hope that PM Shri Narendra Modi will do something on this also before vacating his office in 2024 as it is the poorest people who have to suffer most due to paucity of Bench in most needy States like UP and Bihar! Even Dr Satyapal Singh who is MP from Baghpat and former Union Minister of ruling BJP had some years back most forcefully demanded five High Court Benches for Uttar Pradesh at Meerut, Agra, Jhansi, Gorakhpur and Varanasi in Parliament but not one created till now! Centre must display more large heartedness like Gandhiji and with deepest regret I have to say that it is the beggarly thinking of Centre that has prevented the setting up of more Benches in UP and at least one in Bihar and West UP which have none and where it is needed the most! I still have very high hopes from Centre and I hope that I will not be disappointed! This would be the best fitting tribute to Gandhiji!

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