I often hear the remark that it is useless to try to do anything because the government is all-powerful. But in holding this opinion one also denies the very basis of democracy. If one is a democrat,.

One has to believe that however powerful the government may be, public opinion can ultimately assert itself and compel the Government to submit to that opinion. It is only this faith which can make the working of democratic institutions possible, and as I said in this, lawyers can play a big part.

It must be borne in mind that these most pragmatic, persuasive, powerful and so also pertinent statements were made by none other than the most legendary former Bombay High Court Chief Justice late Mr MC Chagla who had the unique distinction of manning the most prestigious post of the Chief Justice of Bombay High Court for 11 years from 1947 to 1958 and who famously penned these sagacious words in his autobiography titled Roses In December.

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 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 justice! Why has Centre thrown Bench issue in West UP out of the window since last 78 years while creating High Court Bench in Lucknow in Eastern UP 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!

Let me go first and foremost to the root of the matter by asking few most elementary questions. Which person in his/her right senses or any political party believing in what the Constitution stands for about the very concept of equality as enshrined in Article 14 of the Constitution ever try to justify the denial of even a single High Court Bench to West UP knowing it fully well that it is West UP which owes for more than half of the total pending cases of Uttar Pradesh (as acknowledged even by Justice Jaswant Singh Commission appointed by Centre itself) which is the most populated State of India with maximum number of pending cases among all the States in India and still has been mercilessly deprived from having even a single High Court Bench? Why only Eastern UP has been equipped with both High Court at Allahabad and a single High Court Bench in Lucknow so close to Allahabad and nowhere else and worst of all attached litigants of West UP with not even Lucknow but right uptill Allahabad to seek justice which in itself is the biggest injustice? Denial of even a single High Court Bench to West UP has well shred the modicum of civility that remains in Indian politics knowing fully well that West UP owes for majority of cases of UP for whom even Justice Jaswant Singh Commission appointed by Centre itself recommended permanent High Court Bench in West UP yet not created but for States like Maharashtra which already had multiple High Court Benches at Nagpur and Panaji we saw how one more was created at Aurangabad in Maharashtra even though it is Maharashtra which tops the State List Ranking in Justice Index and UP and lawless Bihar figures very lower down and still Centre does not favour more High Court Benches in UP and even a single in West UP and Bihar! How long will affordable justice at doorsteps remain a pipe dream for more than 10 crores people of West UP?

It was Mr Kapil Sibal who as Union Law Minister had most commendably recommended creation of High Court Bench in West UP yet we saw that it was not implemented as the then Chief Minister Mr Akhilesh Yadav did not recommend the same! It is definitely as clear as broad day sunlight that which State needs more High Court Benches and which State does not need even a single High Court Bench! But the most unpalatable truth is that neither any Chief Justice of India nor any Prime Minister of India till date has ever bothered to take any initiative in this regard in last nearly 80 years of independence to do anything substantial to correct the most biggest Himalayan blunder committed in 1948 by creating only one High Court Bench for the most populated State of India with maximum number of pending cases that is Uttar Pradesh at Lucknow so near to Allahabad and nowhere else and worst of all attached litigants of 30 districts of West UP with not even Lucknow which falls 230 km earlier but right uptill Allahabad to seek justice which in itself is the biggest betrayal of Constitution in India and justice as litigants of West UP have to travel whole night and half day averaging 700 to 800 km. Most unfortunate indeed!

We must be open about it. We can’t change the system unless we talk openly about it. There is no point in pushing this under the carpet. It is nothing but plain stupidity and sheer absurdity of the highest order that West UP owing for majority of the cases of UP has not even a single Bench and Eastern UP alone has both High Court and a single Bench so near to each other!

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 astounded, ashamed, appalled and aghast at how much 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!

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 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 incumbent CJI Hon’ble Dr Dhananjaya Yashwant Chandrachud whose home State 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 his tenure 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! As CJI Hon’ble Dr DY Chandrachud is on verge of completing two years in CJI post on November 10, 2024 when he will retire finally for which less than 12 days left and he must do something on it which is the biggest and blackest stain on his otherwise unblemished track record which even his worst critics admire openly!

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 ten years later in 2024! Now it is being reported in media that Centre is contemplating to divide West Bengal further into North and South Bengal which already has multiple High Court Benches thus creating more High Courts for it but again not a single Bench for West UP! 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 more than half of 2024 having expired and August about to begin 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! The incumbent UP CM Mr Yogi Adityananth himself more than 25 years ago demanded High Court Bench in Parliament for Gorakhpur and in 2015 even presented a Private Member Bill in Parliament for the same with tears in eyes! The former UP CM Ms Mayawati recommended partition of UP into few parts in 1995 with West UP to be created as a separate State to be named Harit Pradesh and she still affirms by it! But on ground we see not even a single High Court Bench approved even though incumbent CM Mr Yogi Adityanath recommended for a High Court Bench in West UP to Allahabad High Court in January 2024 only to be withdrawn the very next day for some undisclosed reasons! These are all bone chilling facts and they cannot be just swept beneath the carpet!

Let me put it this way: Why is Centre mutilating Article 14 of Constitution by denying West UP even a single Bench and equipping Eastern UP alone with both High Court and a Bench? Why Maharashtra tops in latest Justice Index Ranking States list and still has maximum Benches and UP even though figuring in bottom and owing for maximum cases still one Bench only? Why West UP owing for more than half of the total pending cases has no Bench? This is nothing but sheer subversion of Constitution itself and what it stands for!

But most horrendously and most horribly and most intriguingly, we see that not even the incumbent CJI Dr Dhananjaya Yashwant Chandrachud never dares to question Centre inspite of being Chief Justice of Allahabad High Court for nearly three years as he himself most proudly concedes and to top it all it was in his tenure as Chief Justice of Allahabad High Court for nearly three years as he himself concedes that lawyers of West UP went on total strike in 2014-15 demanding Bench in West UP for six months just like in 2001 yet he did nothing to break the ice and now even as his two years tenure of CJI is about to end in few days we see he has not ever taken suo motu action to address it permanently which makes for a very depressing reading! Is he waiting for last day to act? One had never expected this nonchalant approach from him because he has performed most brilliantly on all other issues which I fully applaud, adore and admire! Why vested interests of powerful lobby deadly opposed to the creation of a Bench in West UP have been allowed to trump over all other factors? The Bench genie is long out and it definitely cannot be put back in, only can be kept on a leash!

Needless to say, the denial of even a single Bench to West UP is utterly unconstitutional as it is West UP which owes for majority of the pending cases of UP! Why has Centre disrobed democracy by denying West UP even a single Bench? Why has Centre so steadfastly maintained a deafening conspiratorial silence on such a hot-button issue such as setting up of Bench in West UP as was recommended by Justice Jaswant Singh Commission appointed by Centre itself nearly 50 years ago headed by former Supreme Court Judges?

The niggling question that prickles me most is: Why is Centre so deadly against the creation of even a single Bench in West UP or in any other part of UP other than in Eastern UP where both High Court and single Bench located so close to each other? This is what PM needs to pause and contemplate most seriously which he has not done till now! Denial of even a single Bench to West UP is premised on false, flawed and flimsy grounds with no merit in it!

What really puts me off is to witness how Centre has most deliberately, derisively, dangerously and dastardly bulldozed the most legitimate demand for a Bench in West UP which cannot be condoned ever! The dire need for a Bench in West UP is inextricably linked to the huge inconvenience that poor litigants face in travelling whole night and half day all the way to Allahabad as they cannot afford plane travel yet Centre never accepts its responsibility and passes the buck to Governor which it itself appoints! One would have to be willfully naive to believe that West UP does not need a Bench! Also, one would have to be supremely naive not to see how deliberately Centre has deprived big northern states like Rajasthan which is biggest state areawise, lawless Bihar and UP from having multiple Benches with Bihar not having even single!

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 25 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 October 2024 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!

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! 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 CJI Hon’ble Dr DY Chandrachud who has been CJI for last nearly 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 43 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 78 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 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?

I would now like to draw the curtains 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!

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