“Some things you must always be unable to bear. Some things you must never stop refusing to bear. Injustice and outrage and dishonor and shame. No matter how young you are or how old you have got. Not for kudos and not for cash: your picture in the paper nor money in the bank either. Just refuse to bear them.” -- William Faulkner (1897-1962)

If there is one most key issue that I can figure that completely fits the bill to what William Faulkner who is an eminent American writer and considered one of the 20th century’s best novelists once said so famously, it is none other than denying West UP even a single High Court Bench even though it is West UP which owes for majority of the pending cases of UP which is highest not just in UP but is also highest in any other region of India yet mercilessly deprived from having even a single High Court Bench!

What leaves me completely speechless and totally flabbergasted is to see how conveniently, cunningly, consciously and courageously Centre invents some lame excuse or the other to justify denial of a High Court Bench in West UP like sanction of Governor needed as we saw recently when Union Law Minister said that we have no problem with Bench in West UP which definitely cannot be justified by any person in his right senses under any circumstances as Justice Jaswant Singh Commission appointed by Centre itself nearly 50 years ago headed by former Supreme Court Judge recommended permanent seat in West UP at Agra yet not created till date! What complicates this long pending Bench issue in West UP is complete brazen, brutal, blind and baseless disregard of what Justice Jaswant Singh Commission so very commendably recommended of creating permanent High Court Bench in West UP only to be thrown in dustbin while creating High Court Bench in States like Maharashtra which already had multiple High Court Benches at Aurangabad as recommended in 1980s!

To be sure, the denial of even a single Bench to West UP stands as a testament to how shamelessly, sinisterly and surreptitiously Centre has discriminated against West UP even though it is West UP which owes for majority of pending cases of UP and contributes to more than 80% to State’s economy which definitely portrays Centre in poor spotlight for not doing anything worthwhile to address this long simmering issue for nearly 80 years! How can anyone on this earth ever deny that none other than late Mr Atal Bihari Vajpayee whose 100th birth anniversary was celebrated on December 25, 2024 all across the nation had in 1986 most forcefully demanded the setting up of a High Court Bench in West UP right inside Parliament as Leader of Opposition? In fact, Dr BR Ambedkar had most strongly batted for separate Statehood for West UP which is on record!

Even former PM Late Mr Rajiv Gandhi had wanted to set up a High Court Bench in West UP but as a rift had developed between Meerut and Agra as place where it should be set up, this most pressing issue was not addressed and was receded to the backburner most unfortunately! When two High Court Benches can be created for just 4 and 8 districts of Karnataka in 2008 at Dharwad and Gulbarga then why for 30 districts of West UP three or two or even one High Court Bench cannot be set up inspite of clear recommendations by Justice Jaswant Singh Commission who recommendned maximum 3 High Court Benches for undivided UP yet not one created till date which culminated in people of hilly areas agitating for separate Statehood and now Uttarakhand has High Court itself at Nainital? This is just not done and is outright most blatant partiality and cheating which even Supreme Court most lamentably has failed to take suo motu cognizance of while it spares no time in taking suo motu cognizance of cheating in a Mayor election as we saw in Chandigarh! This directly concerns judiciary itself yet we see no action taken on it!

By all accounts, the only durable solution is creation of High Court Bench in West UP! Denial of even a single Bench in West UP is wholly unjustified! Let us not forget that none other than UP CM Shri Yogi Adityanath himself had even sent a written recommendation to the Allahabad High Court in January 2024 but most perplexingly withdrew it the very next day without disclosing that under what circumstances it was withdrawn! What I find most questionable is that Centre has ensured multiple High Court Benches for States like Karnataka, Assam, Madhya Pradesh whose population at 6 crores, 4 crores and 7 crores is less than that of West UP with more than 10 crores!

By any reckoning, there is no credible reason to deny West UP from having even a single High Court Bench! It is for Centre to come clean on this which cannot be done by just passing the buck to Governor or someone else because Governor is not elected by the people but it is the State Government and Central Government who are elected by the people and BJP is in power both in Centre and State for last so many years and many top BJP leaders have always justified the creation of a High Court Bench in West UP which is all on record! Why the people of West UP are still being infantilized and treated as not fit to be given even a single High Court Bench?

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 11 lakhs in High Courts and as of January 1, 2025, the alarming pending is of 11,41,687 cases before the Allahabad High Court and still most astoundingly has only one Bench and that too so close to Allahabad at Lucknow in Eastern UP and what is worse is that West UP which owes for majority of total pending cases of UP has not even a single High Court Bench! What is even more worst is that the litigants of West UP have been attached not even with Lucknow which falls more than 230 km earlier but right uptill Allahabad to seek justice which means whole night and nearly a day wasted on just travelling alone by train who cannot afford plane travel which is not only absolutely preposterous but also biggest betrayal of what Constitution stands for, merciless slaughtering of justice and makes the worst mockery of poorest litigants of West UP and ensures that they suffer the most in all respects! Most disgusting indeed!

By the way, more than one crore cases are pending in lower courts in UP 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 yet we see that no change in UP despite India nearing 100 years of independence! 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 which really baffles and boils my temper most! Why is Centre most disinterested on such a sensitive issue which directly impacts population of more than 10 crore people of West UP?

It must be asked: Why so much of opacity in creation of High Court Benches? Why no transparency? That is the nub of the problem! Why big states like UP and Rajasthan have only one High Court Bench and lawless Bihar just like West UP none? Most disconcertingly, we see that Centre till date has taken no tangible and credible steps to resolve this long pending issue of most pressing demand for a High Court Bench in West UP which has only served to deprive the litigants of West UP from achieving “easy and affordable justice at doorsteps” and even 230th Report of Law Commission of India most strongly recommended creation of more High Court Benches in different States yet not implemented even after more than 15 years!

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.

Most significantly, it must be asked: Why even Supreme Court has failed to ever ask Centre that why UP with maximum pending cases, maximum population and what not has just one Bench only and West UP with more than half of the total pending cases has none? Centre definitely can’t pretend to feign ignorance any longer or forward one flimsy or false excuse or other to deny and deprive West UP from having even a Single Bench which is completely bereft of any logic! It must definitely act now and stop forthwith this most atrocious step-motherly treatment to West UP!

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