Justice is not merely about applying laws in a rigid, mechanical manner. It involves a deeper engagement with the human condition, recognising the suffering and hardship experienced by those who seek legal recourse. Compassion in the judiciary does not imply a compromise of legal principles or an erosion of objectivity and exactness. It encourages judges to adhere to the law and also go beyond the letter of the law, to interpret legal provisions in ways that uphold human rights. Undoubtedly, we need to continuously strengthen our laws and institutions. But ultimately, it is human beings like you and me who execute and deliver justice. And we want those at the steering wheel of power to steer it with compassion and guide it on the path to justice. Compassion will bring the necessary urgency, action, and mutual responsibility to ensure that legal outcomes serve the cause of humanity, fostering a more just and equitable world.

- Kailash Satyarthi who is Nobel Peace laureate in his enlightening editorial titled Case for compassion guiding the judiciary in ‘Hindustan Times’ newspaper dated October 10, 2024

Which country on earth will act so shamelessly, senselessly and stupidly like India to deprive the most populated State of India that is Uttar Pradesh (UP) from having not just maximum but not even from having multiple High Court Benches which owes for maximum number of pending cases among all the States in India and here too adding salt to wound has further ensured that only one particular region that is Eastern UP alone has both High Court and so also Capital and so also single High Court Bench and rubbing salt on the wounds of the people of West UP attached litigants of West UP with not Lucknow but right uptill Allahabad to seek justice which in itself is definitely the biggest betrayal of justice and Constitution? This despite the irrefutable fact that it is West UP which owes for majority of pending cases of UP which is also the highest in any region of India which has left me completely speechless, shocked, stunned and shattered to the hilt! The argument that West UP cannot be given even a single High Court Bench deserves to be rejected in its entirety. I am a complete loss to comprehend that what is the raison d’être of Centre denying West UP even a single Bench even though majority of cases are from West UP in both High Court and in lower courts?

It merits questioning: How can Apex Court gloss over the time tested dictum that:
Injustice anywhere is a threat to justice everywhere? Why Apex Court never dares to take suo motu cognizance of this open cheating and blatant discrimination defies logic and is truly incomprehensible raising a big question mark on its firm commitment to equality as envisaged in Article 14 of Constitution? What I find most jaw-dropping to note is that this denial of a High Court Bench to West UP is despite the irrefutable fact that it is West UP which owes for majority of pending cases of UP and ideally High Court itself should be transferred to West UP as it is intending to do in Assam, Uttarakhand, Kerala and Andhra Pradesh but leave alone transferring High Court, we see that Centre is just not at all prepared to create even a single High Court Bench as recommended by Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself nearly 50 years ago and even though its recommendations have been implemented in Maharashtra by creating Bench in Aurangabad which already had High Court Benches in Nagpur and Panaji and so also for West Bengal at Jalpaiguri and at Madurai in Tamil Nadu but not a single for UP for which maximum three Benches were recommended with permanent at Agra in West UP yet not even a single Bench approved for West UP as recommended!

But most horrendously and most horribly and most intriguingly, we see that not even the incumbent CJI Dr Dhananjaya Yashwant Chandrachud never dares to question Centre inspite of being Chief Justice of Allahabad High Court for nearly three years as he himself most proudly concedes and to top it all it was in his tenure as Chief Justice of Allahabad High Court for nearly three years as he himself concedes that lawyers of West UP went on total strike demanding Bench in West UP for six months just like in 2001 yet he did nothing to break the ice and now even as his two years tenure of CJI is about to end in few days we see he has not ever taken suo motu action to address it permanently which makes for a very depressing reading! Is he waiting for last day to act? One had never expected this nonchalant approach from him because he has performed most brilliantly on all other issues which I fully applaud, adore and admire! Why vested interests of powerful lobby deadly opposed to the creation of a Bench in West UP have been allowed to trump over all other factors? The Bench genie is long out and it definitely cannot be put back in, only can be kept on a leash!

Needless to say, the denial of even a single Bench to West UP is utterly unconstitutional as it is West UP which owes for majority of the pending cases of UP! Why has Centre disrobed democracy by denying West UP even a single Bench? Why has Centre so steadfastly maintained a deafening conspiratorial silence on such a hot-button issue such as setting up of Bench in West UP as was recommended by Justice Jaswant Singh Commission appointed by Centre itself nearly 50 years ago headed by former Supreme Court Judges?

The niggling question that prickles me most is: Why is Centre so deadly against the creation of even a single Bench in West UP or in any other part of UP other than in Eastern UP where both High Court and single Bench located so close to each other? This is what PM needs to pause and contemplate most seriously which he has not done till now! Denial of even a single Bench to West UP is premised on false, flawed and flimsy grounds with no merit in it!

What really puts me off is to witness how Centre has most deliberately, derisively, dangerously and dastardly bulldozed the most legitimate demand for a Bench in West UP which cannot be condoned ever! The dire need for a Bench in West UP is inextricably linked to the huge inconvenience that poor litigants face in travelling whole night and half day all the way to Allahabad as they cannot afford plane travel yet Centre never accepts its responsibility and passes the buck to Governor which it itself appoints! One would have to be willfully naïve to believe that West UP does not need a Bench! Also, one would have to be supremely naïve not to see how deliberately Centre has deprived big northern states like Rajasthan which is biggest state areawise, lawless Bihar and UP from having multiple Benches with Bihar not having even single!

Even the incumbent CM Shri Yogi Adityanath had forwarded the proposal for a Bench in West UP to Allahabad High Court but most intriguingly withdrew it the very next day! He also 25 years ago had demanded Bench in Gorakhpur right inside Parliament and in 2015 even presented a Private Member Bill for it in Parliament! Still in last 76 years not a single Bench created other than the one at Lucknow since July 1948!

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, 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 coming in news for communal disturbances most recently, maximum undertrials in all age groups and what not yet Centre till now in October 2024 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 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 as was claimed by Yogi Adityanath and many say in whole world and also is one of oldest High Court and UP Bar Council has maximum members yet has least Bench just one and 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 complicating this Bench issue to be addressed effectively!

It must be asked: Why is it that the people of West UP of more than 30 districts foolishly were compelled and are still compelled most senselessly to travel all the way to Allahabad which is far away even from Lucknow where High Court Bench is located and averages 600 to 800 km on an average but the people of Nawab City i.e. Lucknow cannot travel even 200 km away to Allahabad? Most shamefully, why no one ever really cares for poorest of poor, women and infirm and physically handicapped people who can’t travel so far easily and Centre is most happy by inaugurating an international airport at Kushinagar and now again at Jewar in West UP and in Ayodhya in December 2023 which is a very good thing and has maximum airports in India and so also maximum highways but why we then see so miserliness on High Court Bench for West UP which will benefit all whether poor or rich or Hindu or Muslim or of any other religion? Centre must act now and not just keep on advancing one lame excuse or the other as a pretext for not creating a High Bench anywhere in UP other than at Lucknow where it was just not needed at all as it is so close to Allahabad and worst still the 30 districts of West UP were not attached even with Lucknow which falls 230 km earlier but right uptill Allahabad which means more than 700 km on average all the way to Allahabad to seek justice which in itself is the biggest injustice!

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 10 crore population West UP cannot have five or six High Court Benches 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!

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! 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 discrimination on 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 merits just no reiteration that the position of UP must definitely be primus inter pares which means in plain language first among equals. This stands necessitated by the irrefutable fact that UP has maximum pending cases among all the States and here too West UP accounts for majority of the pending cases and still has not even a single High Court Bench! Why has Centre truly messed up all its good work by not approving even a single Bench for West UP in last 78 years and keeps forwarding only lame excuses?

It is a no-brainer that Eastern UP alone cannot be deemed to have an indefeasible right to have both High Court and High Court Bench and in other regions like Western UP or Bundelkhand or Purvanchal not allowing even a single Bench is most horrendous because this flawed approach is against the very core basis on which our Constitution rests upon. It cannot be dismissed lightly that none other than Dr BR Ambedkar who is considered as the key architect of the Constitution himself proposed the division of Uttar Pradesh into three States that is Western, Eastern and Central and still Centre most shamelessly is not ready to concede even a single High Court Bench to West UP leave alone creating five to six High Court Benches as ideally should be the case! This alone explains why Ex-CJI Mr Jagdish Singh Khehar had once very rightly said that, One set of citizens cannot prosper at the cost of another set of citizens, for that would not be fair or unreasonable.

It must be said that Supreme Court which is the last bastion of hope for people and litigants and so also the CJI Hon’ble Dr DY Chandrachud who has been CJI for last nearly two years and who earlier was Chief Justice of Allahabad High Court for nearly three years when lawyers of West UP went on strike for nearly six months in 2014-15 just like in 2001 from July to December and so also most astoundingly strike every Saturday since last 43 years have definitely not crowned themselves with glory by leaving everything on Centre alone who has done just nothing on it! Supreme Court is final but it cannot be always infallible! It has grievously erred by not doing anything on this since last nearly 78 years!

Let’s still fervently hope that better sense prevails on it and it acts keeping in mind the larger interests of the litigants of West UP which owes for majority of cases of UP and still has not even a single Bench! How long will the litigants of West UP be made a scapegoat for no fault of theirs? To say the very least, Supreme Court just like Centre must show some sense of regret, remorse and repentance for maintaining a ‘sphinx-like silence’ on not doing anything to implement the historic Justice Jaswant Singh Commission recommendations in UP of a permanent Bench in West UP also like it was implemented in States like Maharashtra which already had multiple High Court Benches and still one more was created at Aurangabad!

The narrative that is gaining ground because of media not highlighting this Bench issue proactively is that people consider it a trivial issue which is definitely not the case! Even Centre’s role in addressing it leaves a lot to be desired! Why can’t even Centre get to the bottom of the problem which has been festering for such a long time inordinately? How long will even Centre do just nothing to check, combat and crush all those stumbling blocks that have contributed in one way or the other to stymie the chances of West UP being given a Bench as was demanded even by former PM late Mr Atal Bihari Vajpayee in 1986 right inside Parliament as Leader of Opposition?

I would now like to draw the curtains with a bright sense of optimism about the future by quoting the famous Lebanese poet - Kahlil Gibran: Yesterday we obeyed kings and bent our necks before emperors. But today we kneel only to truth, follow only beauty and obey only love! Let’s fervently hope that one day or the other, we will see either Supreme Court or Centre doing something on this most decisively just like for lawless Bihar where there is not even a single Bench but at least it has High Court but West UP has not even a Bench! The upshot of above discussion is that it has become indubitably clear that Centre has favoured worst discrimination in creation of High Court Benches in different States and different regions which definitely is the biggest, blatant, brutal, baseless and blind discrimination that makes an open mockery of Article 14 of Constitution when States like Madhya Pradesh which has just 7 crore population, Karnataka which has just 6 crore population have separate High Court and multiple High Court Benches but West UP with more than 10 crores population has got no Bench leave alone High Court like Tamil Nadu with just 7 crore population and Andhra Pradesh with 4 crore population and Telangana with 3 crore population have separate High Court and so also many other States who have far less population but still have High Court!

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