It is definitely most unfortunate to note that BJP MP Nishikant Dubey has triggered and sparked a huge furore after his unwarranted remarks that if the Supreme Court wants to make laws, then there is no need for Parliament in the country. In a post on X and later even in comments to news agencies, Dubey said clearly that:
If the Supreme Court has to make laws, then Parliament should be shut down. Not stopping here, Dubey also took a swipe at the CJI - Hon’ble Mr Justice Sanjiv Khanna holding him responsible for civil wars in the country! This has to be most strongly condemned in the most parliamentary language! If Mamata Banerjee is unable to deal with rioters in West Bengal then she is responsible and not CJI! Similarly, if in any other State like Karnataka, if the CM does not control law and order properly, he is responsible and not CJI! Why CJI is being dragged needlessly in this controversy?

I still can’t believe that an MP can make such a sweeping remark! In this regard, we must note that a Supreme Court lawyer Anas Tanveer who represents one of the litigants in the Waqf Act case has written to Attorney General R Venkatramani seeking consent to initiate contempt proceedings against BJP MP Nishikant Dubey for his remarks against the top court and the Chief Justice of India. It is high time and Dubey must tender an unconditional apology for what he said! What he said definitely cannot be ever justified!

It is really in the fitness of things that while displaying political maturity, the BJP has openly distanced itself from the controversial remarks made by its MP which has caught news headlines everywhere for all the wrong reasons! BJP Party President JP Nadda has said clearly that the BJP has nothing to do with such comments against the Supreme Court as it is personal comments and the statements were personal opinions and not endorsed by the party. Nadda also said that:
The BJP neither agrees with them nor does it ever support such remarks. The BJP absolutely rejects them. Absolutely right matured stand has been taken by BJP for which I must really applaud BJP!

Dubey must introspect that why the most populated State of India with maximum pending cases has only one High Court Bench created 77 years ago at Lucknow so close to Allahabad where High Court created by Britishers centuries ago! It is my most humble opinion that the denial of even a single High Court Bench to West UP, hilly areas of undivided UP and lawless Bihar is the biggest slap on face of Constitution! There is not even a semblance of chance of West UP ever getting even a single High Court Circuit Bench because of Centre most atrocious discriminatory approach since last nearly 80 years which must make every Indian hang his head in shame because it is West UP which owes for majority of pending cases of UP yet Supreme Court in 2018 November refused to intervene on PIL filed by a woman lawyer KM Chitra even while the then CJI Hon’ble Mr Justice Ranjan Gogoi conceding that the demand for Bench in West UP is legitimate but left the ball of decision making on this on Centre which is sleeping most comfortably since last nearly 80 years on this!

I think Centre since last about 80 years very strongly feel that Dr BR Ambedkar who recommended separate Statehood itself and separate High Court and separate capital for West UP and so also similarly for Central UP and so also for Eastern UP was most foolish proposition on earth which alone explains why it has been nipped in the bud and even in April 2025 we don’t see any change from what was done during independence days of 1947-48! But yes we must credit late former PM Atal Bihari Vajpayee for creating separate Statehood itself named Uttarakhand and separate capital and separate High Court for hilly areas of undivided UP on November 9, 2000 about 25 years ago when people agitated hugely as they had to travel thousands of kilometers all the way till not even Lucknow where a High Court Bench exists since 1948 so close to Allahabad but right uptill Allahabad which is more than 230 km far away from Lucknow to seek justice which in itself is the biggest betrayal of Constitution, deepest burial of justice and worst mockery of poorest litigants as Centre did not implement the most landmark recommendations of Justice Jaswant Singh Commission appointed by Centre itself about 50 years ago headed by former Supreme Court Judge who recommended two High Court Circuit Benches at Dehradun and Nainital while wasting no time to create one more High Court Bench for Maharashtra at Aurangabad which already had multiple High Court Benches at Nagpur and Panaji and so also at Jalpaiguri in West Bengal for just 5 districts which already had High Court Bench at Port Blair!

At first blush, even a layman can point out that which State in India needs multiple High Court Benches and which State needs maximum High Court Benches! Still we see that UP which is most populated State of India with population at 26 crore more than even Pakistan with 25 crores and so also with maximum pending cases and Rajasthan which is largest State areawise have only one Bench at Lucknow and Jaipur and lawless Bihar has none! How long will the judicial system in big States still be allowed to be in doldrums for so long? Why Supreme Court which cannot tolerate discrimination in Waqf boards composition tolerate since last nearly 80 years most worst discrimination of worst kind in the distribution of High Court Benches in different States which directly pertains to judiciary?

Is this the way to make India a developed country by 2047 as PM Mr Narendra Modi wants that you deprive most deserving big States like UP, Bihar and Rajasthan from having multiple High Court Benches and confer only few elite States like Maharashtra, Karnataka, MP, Assam and West Bengal with having multiple High Court Benches? Yet why even media which is considered the fourth pillar of democracy very rarely bothers to ever highlight it most forcefully especially in news channels and top newspapers and top magazines preferring to ignore such serious issue directly pertaining to common person which definitely makes me feel most terribly ashamed? I just can’t second guess!

There cannot be ever a bigger tragedy than this that for 78 years of independence we see that West UP has been denied 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 and contributes more than 80% to State’s revenue yet mercilessly deprived from having even a single High Court Bench which is undoubtedly most disastrous! What is even most worst is that the litigants of 30 districts of West UP have been most atrociously attached with not even Lucknow where a High Court Bench exists since July 1948 in Eastern UP but attached most stupidly with Allahabad which is more than 250 km away from even Lucknow which means the poorest litigants of 30 districts of West UP have to spend more and travel whole night and nearly a day by train to attend court hearings which is plainly unconstitutional just like litigants of hilly areas of undivided UP had to travel thousands of kilometers all the way again till Allahabad in true dictatorial style making the worst mockery of our Constitution and so also of poorest litigants till Uttar Pradesh was partitioned and this was the major reason which political parties never like to concede! The trials and tribulations that litigants of West UP have to face due to no Bench in this region even though majority of pending cases are from West UP are simply unending yet most atrociously we see that Centre has done absolutely just nothing to resolve it and media too has utterly failed to highlight it effectively nor Supreme Court has ever taken suo motu cognizance of it like it did in case of cheating in Mayor elections in Chandigarh some time back!

There cannot be ever a bigger tragedy than this that for 78 years of independence we see that West UP has been denied 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 which is undoubtedly most disastrous! What is even most worst is that the litigants of 30 districts of West UP have been most atrociously attached with not even Lucknow where a High Court Bench exists since July 1948 in Eastern UP but attached most stupidly with Allahabad which is more than 250 km away from even Lucknow which means the poorest litigants of 30 districts of West UP have to spend more and travel whole night and nearly a day by train to attend court hearings which is plainly unconstitutional just like litigants of hilly areas of undivided UP had to travel thousands of kilometers all the way again till Allahabad in true dictatorial style making the worst mockery of our Constitution and so also of poorest litigants till Uttar Pradesh was partitioned and this was the major reason which political parties never like to concede! The trials and tribulations that litigants of West UP have to face due to no Bench in this region even though majority of pending cases are from West UP are simply unending yet most atrociously we see that Centre has done absolutely just nothing to resolve it and media too has utterly failed to highlight it effectively!

With a very heavy heart, I want to say that Centre has been most biased in denying West UP even a single Bench! You don’t need a telescope to see that which State should have maximum High Court Benches as it is the most populated State of India with maximum number of pending cases! How long will Supreme Court be in hibernation mode on this count? It has to be acknowledged with grace and humility that denial of even a single High Court Bench to West UP is not only dangerous and deleterious but also most disastrous, most despicable, most dastardly and so also most discriminatory!

It is most shocking that Uttar Pradesh (UP), which is one of the largest states in India with the highest population—over 26 crore, as Chief Minister Yogi Adityanath and Prime Minister Narendra Modi proudly claim—also holds several other national records. UP has the maximum number of districts (75), parliamentary constituencies (80), Members of Parliament (80), and Members of the Legislative Assembly (404). It has produced the highest number of Prime Ministers, including Narendra Modi, who represents Varanasi as an MP.

UP also tops the list in terms of judicial backlog, with more than 11 lakh cases pending in the Allahabad High Court. Notably, as per the Justice Jaswant Commission, West UP alone accounts for about 57% of these pending cases—a percentage that has substantially increased over the years. The lower courts in UP are approaching a staggering 1 crore pending cases.

It has the highest number of judges—160 in the High Court and a large number in the subordinate judiciary—yet also suffers from the highest number of judicial vacancies in both. UP has the largest Bar Council in the world with over 1 lakh members, as claimed on its own website. Despite this, the former Chairperson of the UP Bar Council, Darvesh Yadav—the first woman to be appointed to the position—was shockingly murdered in cold blood within the court premises in Agra (in West UP) on June 12, 2019, shot in the head and stomach.

UP also ranks highest in several disturbing categories: poverty levels, number of villages (1,07,040), gram panchayats (74,626), fake encounter killings, custodial deaths, dowry cases, bride-burning incidents, human rights violations, robberies, dacoities, and crimes including loot, arson, and riots. West UP, in particular, has been the epicenter of many such violent events—such as the Saharanpur, Meerut, and Muzaffarnagar riots—which have severely tarnished India's international image. So much so that former UN Secretary-General Ban Ki-moon once described UP as the “crime and rape capital of India.” Most recently, Bahraich made headlines due to communal disturbances.

UP also has the highest number of undertrial prisoners across all age groups. Yet, despite all these irrefutable facts, the Centre has consistently refused to establish even a single bench of the High Court—not just in West UP, but anywhere else in the state apart from Lucknow. This is particularly unjustified, considering a bench was set up in Lucknow as far back as July 1948, even though it is located very close to Allahabad, where the principal seat of the High Court is already situated.

How can the Centre deny, distort, or dispute such glaring realities? What exacerbates the matter further is the Centre's persistent stonewalling of every demand or proposal to create a bench in West UP or any other region of the state outside Eastern UP.

Much water has flown down the bridge since India became independent in 1947 but the most stark truth is that even nearly 80 years later in April 2025, we see that West UP is without a High Court Bench which is definitely most deplorable, most dangerous, most self destructive and most discriminatory that even Supreme Court has dared not to ever intervene even when UP was undivided! Why Supreme Court has tolerated such dastardly discrimination in distribution of High Court Benches in different States and in different regions? If this is not the biggest tight slap on Constitution and Dr BR Ambedkar, then what else is?

Why is Centre so ambivalent and inimical in taking any proactive step that goes a long way in resolving this key issue at the earliest? One can’t fathom that why Centre has behaved so partially, so irrationally and so undemocratically that the most populated State of India with maximum number of pending cases was given only one Bench and that too very close to Allahabad itself and worst of all attached litigants of West UP and hilly areas of undivided UP with not even Lucknow which is more than 230 km earlier but right uptill Allahabad as if India was still being ruled by colonial Britishers with even Lahore in Pakistan closer to West UP as compared to Allahabad High Court? This is exactly that has led to catastrophic results and culminated in partition of UP into UP and Uttarakhand in 2000! Will any democratic country behave in such autocratic manner?

Is this democratic or autocratic style of functioning? Centre’s approach in this regard in last nearly 80 years has been most diabolically outrageous and has to be most strongly condemned! Why these elected representatives are behaving like monarchs depriving the people from having easy and affordable justice at doorsteps is truly incomprehensible?

Why this High Court Bench issue in West UP has most mysteriously remained in limbo for so long? Why can’t Centre bury the hatchet and move forward to balance the regional imbalance of Eastern UP having both High Court at Allahabad and a single Bench at Lucknow so close to each other and West UP inspite of owing for majority of pending cases of UP for whom Justice Jaswant Singh Commission recommended permanent seat of High Court Bench yet even after nearly 50 years not even a Bench created nor even a Circuit Bench created? Why Centre is in predicament in such an open and shut case? What I find most deeply unsettling is that even now we see that neither the Supreme Court nor Centre is ready to open its eyes and take most concrete action to dismember the most historical, Himalayan blunder committed about 80 years ago!

In sum, denying West UP and lawless Bihar even a single High Court Bench is not just illogical but also deeply insensitive, deeply flawed and most deeply discriminatory also that has gone unnoticed, unchecked and unaddressed for so long! Why political leaders like Dubey never say a word on why Parliament like a coward never takes any action on this? Why Centre instead of displaying compassion has displayed contempt for such a most compelling demand by always trotting out lame excuses to deny West UP from having even a single Bench?

Why the 230th Report of Law Commission of India not implemented even after 16 years which recommended creation of more High Court Benches? There are so many such flaws like leaders contesting elections from jails and terrorists killing our PM like late Mr Rajiv Gandhi yet set free after being in jail for about 3 decades and so also killers of CM like Mr Beant Singh of Punjab who ensured that terrorism in Punjab was completely wiped out and yet not being hanged even after many decades just like we see even in revised penal laws there is no mandatory death penalty not only for rape but even for gang rapists or for throwing acid on woman on which Parliament never takes any action and feel most proud of taking up 33 percent reservation of seat for women in Parliament which has to be definitely most strongly condemned because Parliament cannot be ever above India!

Why citizenship of rioters is not terminated immediately? Why should rioters who are more dangerous than even terrorists get government facilities and be termed an Indian citizen just because they are born in India? Why just bulldozer action on them? Why should rioters be treated like ordinary criminals? Treating them as ordinary criminals is the real reason why we see so many riots in India and worst of all those guilty don’t get punished quickly for which judiciary must share the blame but Parliament and Centre is also to be blamed for it because majority of Judges seats keep lying vacant as pointed out by Supreme Court on Judges post lying vacant more than half which presents a very dismal scenario while we don’t see even a single seat of MP or MLA ever lying vacant for long time! Who is to be blamed for it? No prizes for guessing the palpable answer that it is Centre and Parliament which never takes such a very serious issue most seriously and yet very rarely face any criticism for such a glaring lapse due to which cases keep pending for many decades and victims die without getting justice in time and perpetrators die a natural death by the time their number comes for being hanged or are set free as we saw in case of killers of former PM late Mr Rajiv Gandhi!


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