Merciless Denial Of A High Court Bench To West UP

Legal Article

Why the hell has Centre been so merciless in denying West UP which has a population of more than 10 crores which is more than the population of so many States like Karnataka whose total population is just 6 crores which has High Court at Bengaluru and multiple High Court Benches at Dharwad and Gulbarga for just 4 and 8 districts only created in 2008 while most brazenly, blindly, brutally and brashly bulldozing the most legitimate demand of more than 10 crores people for a High Court Bench in West UP where lawyers went on strike for 6 months in 2001 demanding High Court Bench just like in 2014-15? Why Bihar slammed by Union Minister Mr Giriraj Singh as “lawless” has not even a single High Court Bench? But Bihar at least has High Court and West UP has not even a single Circuit Bench and this despite the glaring irrefutable fact that Justice Jaswant Singh Commission appointed by Centre itself in mid 1970s headed by former Supreme Court Judge had recommended maximum three High Court Benches for undivided Uttar Pradesh with Main High Court Bench for West UP at Agra and two Circuit Bench also recommended for hilly areas at Dehradun and Nainital and yet not one created due to which people of hilly areas agitated and ultimately got Statehood in 2000 with High Court in Nainital and its population was just about 88 lakhs at the time of creation of it as a separate State named Uttarakhand!

It must also be asked: Why for peaceful States like Maharashtra which is the home State of incumbent CJI Hon’ble Dr DY Chandrachud which already had multiple High Court Benches at Nagpur and at Panaji and one more was approved in mid 1980s in Aurangabad as recommended by Justice Jaswant Singh Commission and former Maharashtra CM Mr Uddhav Thackeray approved one more for Kolhapur for just 5 districts but for West UP not a single Bench approved which owes for more than half of the total pending cases of UP as acknowledged even by Justice Jaswant Singh Commission due to which it recommended a High Court Main Bench also for West UP and UP which tops the State list in having maximum number of pending cases has only one Bench created 75 years ago in 1948 so close to Allahabad at Lucknow and nowhere else! Why Centre allowed Bench even for West Bengal which already had a Bench in Port Blair for Andaman and Nicobar Islands at Jalpaiguri as recommended by Justice Jaswant Singh Commission and so also at Madurai in Tamil Nadu as recommended which has a population of just 7 crores but for 10 crores of West UP not a single approved and even a single Bench denied most mercilessly! Of course, this is the real rub! The saturation point has been reached and Centre is fully culpable for it and cannot exonerate itself by blaming someone else for it!

It is most heartening to note that one of the most prominent lawyers of not only Meerut but also of whole of Uttar Pradesh – Mr Rohitashwa Kumar Aggarwal who has just recently been elected for a record sixth time as President of Meerut Bar Association which has just no parallel and who is also a Member of UP Bar Council since last 25 years and who is also a former Chairman of UP Bar Council twice apart from holding many other prestigious appointments has been most vocal in asserting very categorically that the setting up of a High Court Bench in West UP will be his topmost priority and will pursue it relentlessly. He wonders aloud that when Justice Jaswant Singh Commission appointed by Centre itself under the Chairmanship of former Supreme Court Judge had recommended three High Court Benches for undivided UP then why not even one was created for undivided UP which included one for West UP and why Centre has slept over such landmark recommendations when for States like Maharashtra which already had multiple High Court Benches was given one more? Even in his younger days, he has faced many serious injuries in his head and so also other vital body parts due to police lathicharge while leading the agitation for a High Court Bench in West UP not only as President but also earlier as the General Secretary of Meerut Bar and leading Padyatras also many times when UP was undivided and has spearheaded the agitation for it since last many decades! Who can dare to ever rubbish the most glaring fact that it is none other than the Meerut Bar Association which is spearheading the agitation by 22 districts under the united banner of Central Action Committee for a High Court Bench in West UP since last many decades when I nearing 50 was not even born.

If Chief Justice of India (CJI) Dr DY Chandrachud will not take suo motu cognizance of such a serious matter then who else will? What is the logic of denying West UP even a single High Court Bench when CJI Dr DY Chandrachud who is fully aware of the ground reality as he has himself been the Chief Justice of Allahabad High Court for about three years as he himself concedes candidly and it was in his tenure that the lawyers of West UP had gone on strike for 6 months and many times for one or two months and every Saturday since last 43 years from May 1981 till March 2024 and so also strike of Wednesday which was discontinued so that the litigants don’t suffer endlessly? Most strikingly, when West UP owes for more than half of the total number of pending cases of UP then what on earth compels Centre to not approve even a single High Court Bench even after more than 75 years after a High Court Bench was created in Lucknow in 1948 which is so near to Allahabad where High Court itself is located in Eastern UP?

It’s been very hard to fight this deep-seated thinking that any region other than Eastern UP can ever be considered fit to be eligible for securing a Bench! Naysayers have been proven to be right by Centre that no region other than Eastern UP can ever be considered fit to be given a Bench which alone explains why there is not even a single Bench anywhere else. It is due to this sheer stupidity of the highest order that the litigants of West UP have to travel whole night and half day by train to Allahabad to seek justice which in itself is the biggest injustice!

What however leaves me completely flabbergasted is that why most shockingly even Supreme Court and CJI never says a word on the most blind, brutal, blatant and baseless discrimination when it comes to setting up of High Court Benches in different States and different regions in India? How can anyone be ever oblivious of the irrefutable fact that Uttar Pradesh has maximum pending cases in India among all the States with maximum population and still has just one Bench only in Eastern UP at Lucknow created in 1948 even though it is West UP which owes for more than half of the total number of pending cases in India for which even Justice Jaswant Singh Commission also appointed by Centre itself recommended a Bench yet no Bench created and maximum 3 High Court Benches were recommended for undivided UP in late 1970s yet not one created and Maharashtra which is the home State of incumbent CJI Dr DY Chandrachud which tops in the latest “Justice Index Ranking of States List” and which already had multiple High Court Benches at Nagpur and Panaji was given one more at Aurangabad? Why States like Madhya Pradesh and Karnataka whose total population of 7 crores and 6 crores is less than West UP population of 10 crores and they have not just High Court but multiple High Court Benches also and West UP does not have even a Bench due to which litigants have to travel whole night and half day all the way till Allahabad to seek justice which in itself is the biggest injustice and yet why Supreme Court never takes suo motu cognizance of it? Why lawless Bihar with 15 crores population has not even a single Bench?

Needless to say, just like a bedraggled Opposition deserves the benefit of a level playing field at election time similarly we must note that West UP which contributes for more than 75 percent of the State’s economy and accounts for more than half of the total pending cases of UP too deserves equal treatment at least or even some respectable treatment by being given at least a Bench if not two Benches which has been most unfairly denied to it since last 77 years of independence! Which brings us to the all important question of media not doing its bit in highlighting this key issue most prominently and a large section of it appears to have just no qualms in abandoning any pretensions of playing the role of a watchdog and demanding a fair measure of accountability from the ruling dispensation! It must be asked: Why for just 3 or 3.5 crore people of Telangana Centre led by PM Narendra Modi has no qualms in approving straightaway High Court way back in 2014 but for 10 crore people of West UP not even a single Bench approved even in 2024 as was recommended also most strongly by Justice Jaswant Singh Commission?

By all accounts, Centre would definitely do well to remember what Rohini Nilekani pointed out recently in her editorial titled “My MP and I” in The Indian Express newspaper dated March 22, 2024 that, “Good parliamentarians make good laws. Good laws make for a good society. Good laws when well implemented enrich a democracy with justice, equity, rights and protections. Good laws written today create a better future for countless generations ahead.” The unpalatable fact that West UP has been denied even a single Bench since last 77 years is a very serious reason for pause and contemplation! It cannot be just brushed aside beneath the carpet any longer!

The most unsettling question that merits prompt answer is: Why is Centre so adamant in not budging on creating a High Court Bench in West UP or in lawless Bihar? There’s a lingering sense that something’s not quite kosher here. There can be just no gainsaying that denial of even a single High Court Bench to West UP is premised on false, flawed and flimsy grounds with just no merit in it whatsoever! Centre has always played the most pivotal role in ensuring that not a single High Court Bench is created in West UP in last 77 years on one pretext or the other! How long on Bench issue in West UP, Centre will keep playing the role of judge, jury and executioner?

It is most shocking to learn from the news report by Mr Sandeep Rai in ‘The Times of India’ newspaper dated January 28, 2024 that on January 19, the Special Secretary of the UP State Government had written to the Director General of the Allahabad High Court over taking necessary action as per the rules regarding the establishment of a High Court Division Bench in West Uttar Pradesh but in the next 24 hours, the Special Secretary made a U-turn and cancelled his letter (TOI has accessed both the letters). There is definitely more to it than meets the eye. Centre cannot be ever exonerated for always not allowing the State Government of Uttar Pradesh from creating a High Court Bench in West UP as recommended by Justice Jaswant Singh Commission appointed by Centre itself in mid 1970s and so also the sagacious 230th Report of the Law Commission of India prepared under the Chairmanship of eminent and former Supreme Court Judge late Dr AR Lakshmanan more than 14 years back!

Sanjeev Sirohi, Advocate,

s/o Col (Retd) BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.