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Saturday, January 4, 2025

Best Legal Tribute Never Given To Chaudhary Charan Singh By Centre

Posted in: General Practice
Mon, Dec 23, 24, 12:51, 2 Weeks ago
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We all know fully very well that Chaudhary Charan Singh was not a self seeking person whose soul will rejoice or dance in joy with Centre conferring Bharat Ratna

We all know fully very well that Chaudhary Charan Singh was not a self seeking person whose soul will rejoice or dance in joy with Centre conferring Bharat Ratna on him and the top priority in his mind definitely was always welfare of farmers which was paramount for him as he himself came from a family of farmers and so also litigants as he himself was a lawyer who led from the front the most sacred struggle for independence as a freedom fighter and so also espoused the most legitimate and compelling demand for a High Court Bench in West UP and other needy parts of UP! He is known all over the world for ushering in several land and agriculture reforms and was instrumental in enacting the Land Holding Act of 1960. His only regret in life was that he could not persuade Centre to create even a single High Court Bench in any nook and corner of Uttar Pradesh other than at Lucknow so close to Allahabad where it was just not needed at all and so also could not convince Centre to attach litigants of 30 districts of West UP and hilly areas of undivided UP with Lucknow which is still more than 230 km nearer than Allahabad but Centre till date has ensured the attachment right uptill Allahabad to seek justice which in itself is the biggest injustice and biggest betrayal of Constitution and worst mockery of litigants especially poor who came from family of poor farmers and for whom Centre cared a damn!

Truth be told, Centre giving Bharat Ratna or renaming international airports in his name or making his huge idols can make his son or grandson happy but definitely not him as for him what mattered most was welfare of farmers which alone explains why his memorial was named as Kisan Ghat, poor litigants and nothing else! He himself was born on 23 December 1902 to Mir Singh and Netar Kaur in Nurpur village of Meerut district and was Member of Parliament from Baghpat in West UP! He graduated from Agra College in 1923 with a BSc degree and then did MA in history in 1925 and so also in 1927 LLB from Meerut College and later shifted to Bulandshahr district.

In 1930, he was sent to jail for 12 years by British for contravention of salt laws like a true Gandhian and again jailed in November 1940 for individual Satyagraha movement. He spent many years in Congress but later founded his own Lok Dal party to fight for farmers cause more vocally and became first leader outside Congress to form Government in Uttar Pradesh ascending as fifth CM of UP from 3.4.1967 to 25.2.1968 and then again from 18.2.1970 to 1.10.1970. He briefly served as Deputy PM in Morarji Desai rule as PM and himself PM also from 1979-80 for a very short term! He authored several books.

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 Sambhal in West UP coming in news for communal disturbances most recently, maximum undertrials in all age groups and what not yet Centre till now in December 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 30 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.

In conclusion, it is most shocking, most disgusting and most pathetic that Centre led by PM Narendra Modi has conferred Bharat Ratna to him in 2024 but not given even a single High Court Bench to West UP from where he hailed and as was also recommended for West UP a permanent seat even by Justice Jaswant Singh Commission itself headed by former Supreme Court Judge appointed by Centre itself about 50 years ago who recommended maximum 3 High Court Benches for undivided UP yet not one created by Centre and States like Maharashtra which already had multiple High Court Benches was given one more at Aurangabad in early 1980s!

But the home State of Chaudhary Charan Singh that is UP was given nothing and till date it is only Eastern UP which has both High Court at Allahabad and a single Bench at Lucknow also in Eastern UP and West UP inspite of owing for majority of pending cases of UP has not been given even a single Bench even though it contributed to more than 80 percent of the State revenue!

No wonder, many farmers of West UP are on streets demanding MSP and still leave alone MSP is not prepared to create even a single Bench and UP CM Yogi Adityanath who recommended a Bench for West UP to Allahabad High Court in January 2024 had to withdraw the most historic recommendations the very next day for reasons not disclosed!

Whom is Centre fooling by blaming Governor or Chief Justice or Chief Minister for not recommending the same? It is Centre which has got mandate to address the unending woes faced by poorest litigants of West UP! No denying or disputing it! Creating more and more airports will only benefit rich people and elite class but farmers class will benefit by creation of more High Court Benches and UP despite having maximum population has just one Bench and West UP which owes for majority of pending cases has none! Most disgraceful and most disgusting indeed!

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

Legal Services India

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Sanjeev Sirohi Advocate
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