Why Can’t West UP Have Five Or Six High Court Benches?

“One set of citizens cannot prosper at the cost of another set of citizens, for that would not be fair or unreasonable.”

– Ex CJI Mr Jagdish Singh Khehar

It is most shocking that UP which is among the largest States, has maximum population – more than 25 crore as CM Yogi Adityanath always 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 maximum undertrials in all age groups what not yet Centre till now middle of 2024 in June from July 1948 when a bench was created in Lucknow which is so close to Allahabad is not prepared to create even a single bench for not just West UP but for the entire UP? 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 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!

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, most shamelessly and most stupidly to travel all the way to Allahabad which is far away even from Lucknow where High Court Bench is located and averages 600 to 700 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 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 which is a very good thing but why so miserly 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!

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 77 years?

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, senselessly and stupidly is not ready to concede even a single High Court Bench of West UP leave alone creating five to six High Court Benches as ideally should be the case!

The most puzzling question is: Why only Eastern UP has both High Court and a single Bench and West UP, Purvanchal and Bundelkhand have not even a single Bench anywhere which is most shocking! Supreme Court and so also the CJI have definitely not covered themselves with glory anyway in last 75 years by stupidly 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 75 years! Let’s 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!

I can’t make a head or tail of it as to why Lucknow which is so near to Allahabad has Bench since 1948 and West UP even after 77 years of independence has none and worst of all the litigants of West UP attached not even with Lucknow which falls 230 km earlier but right uptill Allahabad to seek justice? When Centre can amend the penal laws made by Britishers as we saw recently then why can’t Centre also amend the most stupid decision taken by Centre in 1948 to create a single High Court for the most populated State of India at Lucknow only and not a single for Western UP even though more than half of the pending cases are from West UP? How long will Centre keep ducking the all-important Bench issue in West UP?

It must be asked: Why Centre disregarded most commendable recommendation made by one of the most eminent jurist of India – Soli J Sorabjee who as Attorney General in 2001 had categorically recommended that, “Centre is empowered to create a high court bench in West UP without any recommendation from the Chief Justice or Chief Minister or anyone else in this regard”? Why Centre even disregarded what former Chairman of Supreme Court Bar Association BN Krishnamani said that, “Only by the creation of a high court bench in any of the districts in West UP will the people living there get real justice”?

By all accounts, I have just no doubt in my mind, not even an iota of doubt that denying most mercilessly even a single High Court Bench to West UP and attaching the litigants of West UP not even with Lucknow but right uptill Allahabad is the worst travesty of justice and is the most egregious violation of Article 14 of Constitution which promises right to equality as a fundamental right to all citizens of India! The creation of multiple High Court Benches in West UP is bound to bring about a paradigm shift in the criminal justice delivery system by making it easily available at doorsteps thus making it more fair, efficient and responsive to the needs of the people. The central problem here is: Centre is just not ready to budge on Bench issue which I find most perplexing.

Bluntly put: Why can’t Centre be more flexible on setting up of more High Court Benches in UP? This burning issue definitely cannot be kept in the backburner any longer! Centre must have some pity on the more than 10 crore people of West UP whose population is more than most of the States in India except UP, Bihar and Maharashtra! It is high time and Centre must ensure that at least five or six High Court Benches are created in West UP for which currently there is not even a single Bench even though Justice Jaswant Singh Commission headed by former Supreme Court Judge also recommended it in mid 1970s!

Of course, what plays upon my mind most is: Why Centre has always succumbed in front of the powerful vested lobby deadly opposed to the creation of even a single High Court Bench in West UP since last so many decades? The most vital question which crops up here is: Why can’t Centre be more flexible and accommodative in addressing the huge inconveniences faced singularly by the litigants of West UP since last more than 77 years? At first blush, one can make out easily as to which part of UP has maximum pending cases that is West UP and therefore it must have at least 5 or 6 High Court Benches but most astoundingly, it has not even a single High Court Bench even after more than 77 years of independence! Most disgusting!

Sanjeev Sirohi, Advocate,

s/o Col (Retd) BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.