Not for one time, not for two times, not for three times, not for four times, not for five terms, not for six times but for historic seventh consecutive term, we see that Mr Manan Kumar Mishra who is a Rajya Sabha member from Bihar and belongs to the ruling BJP and is a gold medalist of his batch while doing LLB from Patna University has been re-elected as Chairman of most prestigious Bar Council of India which is the Apex statutory body that regulates the legal profession and legal education in India. It was in April 2012 that he was elected for the first time as Chairman of Bar Council of India. How can it happen but it has happened because of his stellar leadership qualities and his soaring popularity among lawyers which even his critics grudgingly acknowledge!
I fondly and most fervently hope that he will at least now most vociferously now demand multiple High Court Benches for most deserving States like his home state Bihar which has not even a single High Court Bench even though he himself practiced in Patna High Court for about 26 years from 1982 till 2008 and in 2009 shifted to Supreme Court as has been pointed out in the most prestigious website "Wikipedia" and Union Minister Giriraj Singh some time back had slammed Bihar as "lawless"! When Karnataka with just 6 crore population can have multiple High Court Benches then why Bihar with 16 crore population not have even a single High Court Bench from where Mr Manan Kumar Mishra comes? Why he never feels most ashamed about this most unpalatable truth?
I am sure that in his heart, he too must be most deeply and most terribly ashamed that his home State that is Bihar has not even a single High Court Bench even though he has been elected to the most prestigious post of Chairman of Bar Council of India for the record 7th consecutive term which is no mean or ordinary achievement, is simply unbelievable and will always be written in golden letters in the pages of history! We saw how recently during ‘Question Hour’, the JD(U)’s Banka MP – Girdhari Yadav raised the most critical issue of setting up of High Court Benches in Bihar which it is sorely lacking. It was pointed out so very commendably by Girdhari Yadav in Parliament that:
Setting up of High Court Benches is under the Central list. In Bihar, which has a population of 13 crore, there is just one High Court and no Bench. In States with much lower populations, there is a High Court and two Benches. Does the Centre have any intention to set up a Bench in Bhagalpur or elsewhere in Bihar?" Centre must swing into action instead of dishing out lame excuses one after the other!
There can definitely be just no gainsaying that this historic win of Mr Manan Kumar Mishra reaffirms his stronghold in the legal community and so also underscores the unflinching trust that has been reposed on him by the entire legal fraternity. It must be pointed out that Mr Sanjay Sharma who has been elected decisively as President of Meerut Bar Association just recently for the first time too met him to apprise the most legitimate needs of the lawyers and so also congratulated him for his most spectacular win. I am sure that Mr Sanjay Sharma will definitely apprise him of the long pending most legitimate demand for a High Court Bench in West UP that merits prompt redressal which he reaffirmed that he will pursue it most seriously without resorting to strikes which definitely is most gladdening to note! Even as General Secretary of Meerut Bar Association, Mr Sanjay Sharma had taken up the matter with the then Union Law Minister – Mr Ravi Shankar Prasad and so also with another Union Minister – Gen (Retd) VK Singh among others!
We need to note that Mr Manan Kumar Mishra clearly outlined several key initiatives that are aimed at enhancing the legal profession and advocate welfare. He also was most unequivocal to clearly underscore the dire need to introduce the Advocates Amendment Bill ensuring that it contains provisions for the well-being of lawyers while excluding any contentious aspects that might compromise in any manner with the profession’s integrity.
What also deserves our singular unremitting attention is that among his most significant commitments which he has resolved to take them to their logical conclusion are:
- Strengthening the autonomy of an independent Bar to prevent any external influence that may dare to venture to compromise it in any manner.
- Introducing structured training programs for young lawyers under the Advocates Act.
- Implementing the Advocate Protection Act to ensure legal professionals' security and rights.
- Enhancing advocate welfare measures, including financial and social security provisions.
- Debate on policy matters that directly affect the judiciary and legal practitioners.
- Reaffirmed his unshakable resolve to serve the legal community and underscored his dedication to do his best to ensure that all issues pertaining to the welfare of advocates are accorded the paramount priority!
What I find most particularly distressing is that we see no mention of the most strict implementation of the 230th Report of the Law Commission of India which in 2009 had most strongly recommended creation of more High Court Benches prepared under a panel of legal jurists headed by former Supreme Court Judge and an eminent jurist himself – Late Dr AR Lakshmanan but which are still gathering dust even after nearly 16 years! But I am not the one who will lose hope as the newly elected President of Meerut Bar Association – Mr Sanjay Sharma is the most vocal supporter of the creation of a High Court Bench in West UP just like his worthy predecessor – Mr Rohitashwa Kumar Agarwal who has been six times President of Meerut Bar Association and so also Member of UP Bar Council since 1999 and former Chairman also! I am hundred percent sure that Mr Sanjay Sharma who has got decisive mandate from the voters of Meerut Bar Association will take it most seriously and pursue the most sacred agitation for a High Court Bench in West UP for which 22 districts have united under the banner of Meerut Bar Association in his fresh first term which he keeps reiterating also time and again as published also in local newspapers which really warms the innermost cockles of my heart and take it to its logical conclusion!
What sends shivers down my spine is to see how Centre is totally unrepentant in depriving West UP just like Bihar from having even a single High Court Bench despite so many compelling factors! None other than Mr Atul Pradhan who is a distinguished Samajwadi Party MLA from Sardhana seat adjoining Meerut has most forcefully pitched for the creation of a High Court Bench in West UP in UP Vidhan Sabha as litigants have to travel about 700 to 800 km on average all the way worse than a donkey by train who cannot afford plane travel till Allahabad! Attaching litigants with not even Lucknow which is more than 250 km earlier but right uptill Allahabad which averages 700 to 800 km on average to seek justice which in itself is the biggest betrayal of what the concept of equality as enshrined in Article 14 of Constitution stands for, most brutal stabbing of justice and to top it all is the worst mockery of poorest litigants of West UP! Why every Prime Minister has behaved like a copy cat of Jawaharlal Nehru who ensured a single High Court Bench in Lucknow so close to Allahabad in July 1948 just like capital of Uttar Pradesh also in Lucknow on this is truly incomprehensible? This is exactly what I find most deeply problematic!
It will be fairly right to say that Centre has taken this most pressing Bench issue in West UP for granted for far too long! Why has Centre been holding to ransom and gambling with the most basic fundamental rights of litigants of West UP to get "affordable" and "speedy justice" and "justice at doorsteps" for nearly 80 long years on one flimsy ground or the other that cannot be ever justified by even CJI or any Justice of Supreme Court or High Court what to talk about others and playing merciless havoc with the litigants of 30 districts of West UP with more than 10 crore population so brazenly, brutally, blindly, boldly, biasedly and baselessly is for Centre to specify instead of behaving most arrogantly by refusing to see the clear writing on the wall which most adversely affects the poorest litigants and not Union Minister like Shivraj Singh who inspite of even travelling in aeroplane in air conditioners and not in second class seat get most agitated and complain of poor facility!
It is really most reassuring to note that leaders of Opposition parties like Samajwadi Party and so also even of ruling BJP like BJP MLA Manju Siwach from Modinagar in West UP too recently demanded High Court Bench in West UP! RLD MLA Prasanna Kumar from Shamli pointed out in Vidhan Sabha recently that from Shamli the distance till Delhi is just 100 km and even Chandigarh is near but Allahabad High Court is 700 km and demanded High Court Bench in West UP! Umar Ali Khan who is MLA of Samajwadi Party from Behat in Saharanpur in West UP too demanded High Court Bench recently in Vidhan Sabha and pointed out that it is very difficult for people to travel all the way till Allahabad which is about 800 km away from Saharanpur to secure justice especially poor litigants! Former Union Minister and so also former Mumbai Police Commissioner Mr Satyapal Singh who is former BJP MP from Baghpat in 2016 demanded in Parliament 5 High Court Benches in Meerut, Agra, Gorakhpur, Varanasi and Jhansi in 2016 but Centre till date is not ready to create even one!
Even former PM late Mr Atal Bihari Vajpayee had raised this in Parliament in 1986 as Leader of Opposition and so also Mr Rajnath who is now Union Defence Minister and there are many such eminent galaxy of tall leaders like Mr Laxmikant Vajpayee of BJP who has been former party President of BJP in UP still we did not witness movement of even an inch forward on this key "open and shut" case! The creation of a Bench in West UP is the best antidote to all the huge problems faced by the litigants yet Centre is doing absolutely just nothing to ensure that a High Court Bench is created at the earliest on one pretext or the other which definitely cannot be ever justified under any circumstances! Why has plain logic taken a backseat in West UP being most mercilessly deprived from having even a single Bench is the best and clear indicator that there is certainly more to it than meets the eye?
What leaves me completely speechless and totally flabbergasted is to see how conveniently, cunningly, consciously and contemptuously Centre dares to invent 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! Why Centre has degenerated to the extent that it keeps inventing one ludicrous ground or the other to most shamelessly justify without any rhyme or reason the creation of even a single High Court Bench for more than 10 crore people of 30 districts of West UP even though it is West UP which owes for majority of pending cases of UP as acknowledged by Justice Jaswant Singh Commission due to which it recommended creation of permanent Bench in West UP at Agra yet most astoundingly not created even after nearly 50 years most atrociously!
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 just like for Eastern UP and Central UP which is on record yet no action not even a single Bench created!
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? Why has plain logic taken a backseat in West UP being most mercilessly deprived from having even a single Bench is the best and clear indicator that there is certainly more to it than meets the eye?
Before closing, let me say that I really still nurture lot of hopes from Mr Manan Kumar Mishra who has been elected for the 7th consecutive term as Chairman of Bar Council of India and so also from Mr Sanjay Sharma who has made his debut as President of Meerut Bar Association that they both will definitely leave no stone unturned to ensure that the unjustified monopoly of only few elite States like Karnataka, Maharashtra, Assam, West Bengal and Madhya Pradesh in having multiple High Court Benches while depriving big States like Bihar and Orissa from having even a single High Court Bench and so also big States like UP which tops the State list in having maximum number of pending cases and maximum population and so also Rajasthan which is biggest State areawise from having more than one High Court Bench most atrociously, arbitrarily, authoritatively and arrogantly with Supreme Court, Bar Council of India and Press considered rightly as the fourth pillar of democracy not being able to do anything worthwhile to ensure that this most Himalayan blunder is corrected at the earliest!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh.
