I am in tears of joy to note that finally after an excruciatingly long wait of nearly 80 years of independence, we see that the Supreme Court as reported in the prestigious ‘Bar and Bench’ web portal while hearing a leading and latest case titled Kamla Bai vs Allahabad High Court and Ors on February 3 has finally woken up to take note of the heavy case pendency before the Allahabad High Court and observed without mincing any words whatsoever that immediate steps need to be taken to fill the vacant Judge posts. It may be recalled that this same prestigious web portal ‘Bar and Bench’ had published an enlightening article by Ms Ratna Singh highlighting that the Allahabad High Court was functioning at just under 50% of its sanctioned strength of 160 with only 79 Judges (including the Chief Justice) hearing cases.

It was pointed out that despite the alarming pendency of 11,41,687 cases before the High Court as of January 1, 2025 which is also the highest in the country, not much has been done to fill these vacancies on a war footing. When we see no MP or MLA seat lying vacant even though many of them create ruckus in State Assembly and even Parliament then why we see majority of the vacancies of Judges who are much more disciplined lying vacant in nearly most of the States in India with UP faring very poorly on this count as conceded even by the top court?

It is definitely a matter of profound concern that a Bench of Apex Court comprising of Hon’ble Mr Justice JB Pardiwala and Hon’ble Mr Justice R Mahadevan noted that each Judge of the Allahabad High Court was tasked with deciding about 15-20 thousand cases while the High Court continues working at half capacity. The Bench also observed that, “It appears that the High Court of Allahabad is flooded with litigation.” The Bench made this key observation while dealing with a plea that had been filed by a 95-year-old litigant whose case had remained pending before the Allahabad High Court for a long time. She had moved the Apex Court seeking directions to the High Court so that her second appeal in a civil case was heard at the earliest. The Bench clearly opined that it cannot adopt a “pick and choose” policy to direct an out-of-turn hearing for one case, when the Allahabad High Court was already flooded with litigation. It was also noted by the Bench that there may be many such cases lying in “pathetic condition”.

Hon’ble Mr Justice JB Pardiwala also further added that, “In last one month, we have come across many petitions whose proceedings have been pending before Allahabad High Court since three decades…It appears that the High Court of Allahabad is flooded with litigation. We are informed each Judge is with 15-20 thousand cases. The High Court is working with (79) Judges; that means it has vacancy of 50 percent. Litigants are waiting…The only way out is to take steps to fill up vacancies, recommending candidates on merit.”

With due respect to Supreme Court, I would further add that apart from the filling of vacancies what also needs to be done is that UP must definitely have multiple High Court Benches if not maximum and ideally it should have maximum as it so richly deserves also but most brutally has been most unfairly deprived of the same by confining it to only single created so close to Allahabad in July 1948! How terrible that Allahabad High Court is the biggest High Court not just in Asia but in whole world and still more than half of its vacancies are lying vacant. Not just this only, we see that some few elite States like Karnataka, MP, Maharashtra, Karnataka, West Bengal and Assam have multiple High Court Benches but Allahabad High Court has just one Bench only most atrociously created about 77 years ago so close at Lucknow and nowhere else and worst of all, the litigants of 30 districts of West UP attached with not Lucknow but with Allahabad which has only served to increase hugely the backload of pending cases in Allahabad High Court very much as majority of the pending cases are from West UP! When will resolution of High Court Bench issue in West UP take centre stage in priority list of Centre to be resolved remains yet to be seen which is most unfortunate and most incredible!

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 during election rallies, 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 and most recently in Sambhal which is again in West UP coming in news for communal disturbances, maximum undertrials in all age groups and what not yet Centre till now in February 2025 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 which owes for majority of pending cases of 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 and many say in whole world and also is one of oldest High Court and UP Bar Council has maximum members in whole world as written in its website yet has least Bench just one only and that too 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 only serving to complicate this Bench issue from being addressed effectively!

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 more than 10 crore population West UP cannot have five or six High Court Benches or even one Bench to say the least 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! This is simply incredible but an unpalatable truth from which we cannot run away!

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 form of merciless discrimination in 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 must be asked: Why the 230th Report of Law Commission of India prepared under aegis of former Supreme Court Judge Late Dr AR Lakshmanan and eminent legal experts which most strongly recommended creation of more High Court Benches in States more than 15 years ago is still gathering dust remains the unsolved biggest puzzle on earth till date? Why States like Maharashtra treated like a king that inspite of it having multiple High Court Benches at Nagpur and Panaji was given one more at Aurangabad in early 1980s as recommended by Justice Jaswant Singh Commission but West UP deprived from having even a single Circuit Bench leave alone permanent Bench as recommended so strongly by the same Justice Jaswant Singh Commission even though Maharashtra tops in the Justice Index Ranking State List for being most peaceful State but UP slammed by former UN Secretary General Ban ki Moon as “rape and crime capital of India” yet still treated like a beggar and deprived from even a single Bench even though maximum Benches – 3 recommended for undivided UP with two Circuit Benches at Dehradun and Nainital and one Permanent Bench at Agra in West UP which also owes for majority of pending cases of UP yet not one created in last more than 50 years? Is it not the biggest mystery on earth? You decide!

Truth be told, Uttarakhand would never have been partitioned if Centre had allowed two Benches at Dehradun and Nainital as recommended for hilly areas of erstwhile undivided UP! Is Centre now waiting for West UP to tread on same line as Uttarakhand by not allowing even a single Bench on one pretext or the other? This is truly incredible! I really just can’t discern even a single bona fide reason as to why West UP can’t have a single High Court Bench for 30 districts with population of more than 10 crores which is more than the population of maximum States in India some of whom like Karnataka who have not just High Court but even multiple High Court Benches! What I find even most truly incredible is that even Supreme Court which takes promptly suo motu cognizance of even a cheating in Mayor elections as we saw in Chandigarh maintains a deafening silence on the most brutal, blatant, blind, baseless and brazen discrimination perpetrated in depriving big States like UP and Rajasthan from having multiple High Court Benches and West UP and Bihar from having even a single High Court Bench which makes practically just no sense at all!

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