“Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.”- Haile Selassie

I have no hesitation whatsoever to concede that Uttar Pradesh which is the most populated State of India with maximum number of pending cases would never have been partitioned if either Centre or Supreme Court had acted in time and not acted like a helpless, hopeless and hapless spectator with hands tied in ensuring that not even a single High Court Bench is created either in West UP or even in hilly areas of undivided UP as was recommended so very sagaciously by none other than the Justice Jaswant Singh Commission appointed by Centre itself about 50 years ago headed by a former Supreme Court Judge even though it may be recalled that maximum High Court Benches were recommended for undivided UP with two Circuit Benches at hilly areas in Dehradun and Nainital with both now in Uttarakhand that was created in November 2000 as people agitated for separate Statehood as not even a single Bench created and so also permanent seat of High Court Bench in West UP at Agra yet not created till date! Why for such a big State as undivided Uttar Pradesh, we saw only one High Court Bench at Lucknow and that too so near to Allahabad with distance of just about 250 km and worst of all, the litigants of West UP and hilly areas of undivided UP attached not with Lucknow but with Allahabad which is much further away? Why Supreme Court never acted against this most atrocious, arbitrary and arrogant discrimination and cheating perpetrated right under the nose of Supreme Court in judiciary itself in distribution of High Court Benches in different States and different regions when now we see that it did not tolerate cheating even in a very small Mayor election and intervened as we saw in Chandigarh some time back?

What message went out by complete astounding inaction of the Supreme Court on this count? It was that Supreme Court just like Centre favours this most sinister, senseless and shameless discrimination perpetrated against different States and different regions and has left everything on this directly concerning judiciary to Centre that it should have last word on it as held in November 2018 by the Bench led by the then CJI Mr Ranjan Gogoi while listening to a PIL filed by women lawyer KR Chitra and appreciating the dire need for a Bench but yet dismissing it leaving the ball in Centre’s court who since last nearly 80 years has been sleeping most comfortably on such a sensitive issue due to which lawyers of West UP have been agitating and going on strike every Saturday since last nearly 50 years yet to no avail and so also strike some times for even 6 months as in 2001 and in 2014-15 in my time in Meerut in West UP what to talk about past when lawyers even went on hunger strike in 1976 for more than a month! It is the livelihood of lawyers that gets affected most when they go on strike and it is for litigants that they want a High Court Bench in West UP which Centre is overzealous to deny on one flimsy or fake or false ground or other which is definitely most condemnable!

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 and even former UP CM – Mayawati had recommended separate Statehood for West UP!

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 recommended 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?

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? So also in lawless Bihar with more than 16 crore population, we see not even a single High Court Bench but for peaceful States like Karnataka with just 6 crore population, we see multiple High Court Benches!

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 just like recently it took serious note of more than half of the Judges seat lying vacant in Allahabad High Court which is the biggest High Court in world and yet has just one Bench only created about 77 years ago so close to Allahabad! It is extremely sad and most distressing to see that West UP has been without a High Court Bench for so long!

By all accounts, the handling of High Court Bench issue in West UP has been very slyly done just like filling up of Judges vacancy in different High Courts and lower courts with huge vacancies while we never see any MP or MLA seat lying vacant which Supreme Court should never tolerate just like it did not tolerate cheating in a Mayor election in Chandigarh as this is far more serious issue directly concerning judiciary! It is high time and Centre must refrain from indulging in “dirty tantrums” like sanction of Governor needed or some other pretext to relentlessly deny West UP even a single High Court Bench! There is definitely more to it than meets the eye!

Most lamentably, we see that the denial of even a single High Court Bench to West UP has huge repercussions on litigants of West UP which Centre has simply just failed to address which depicts a dismal picture of the manner in which Centre has contemptuously rode roughshod over the most legitimate demand for a High Court Bench in West UP which definitely cannot be justified under any circumstances! What cannot turn away the singular and unremitting attention of people is to see how haphazardly High Court Benches have been allotted to different States and so also in different regions!

What the hell is Centre upto by denying West UP even a single High Court Bench? Will it wake up when people start agitating for separate Statehood like Uttarakhand which had just 88 lakh people when it was created in 2000 as opposed to more than 10 crore people of West UP? Whom is Centre appeasing so terribly? Who is responsible for sabotaging the most legitimate demand for a High Court Bench in West UP just like for lawless Bihar? Responsibility has to be fixed and Supreme Court must immediately take suo motu cognizance of such a serious matter directly pertaining to judiciary just like huge judicial vacancies and corruption! It cannot be a free lunch in perpetuity! No denying it!

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