This article is authored by Advocate Sanjeev Sirohi.
It must be stated rather disconcertingly that it is India’s utter misfortune that UP which has the maximum population more than 25 crore as Yogi Adityanath who is UP CM keeps proudly declaring time and again which is more than the population of many countries including Pakistan whose population is just 22 crore and more than the population of 16 States in India put together, has maximum villages more than one lakh whereas in other states the number of villages don’t exceed 5000 or 6000 at the most, has maximum pending cases about 10 lakh cases as per official figures in High Court and Bench and about a crore in lower courts whereas other states like Karnataka which has 3 High Court Benches, Maharashtra which has 3 High Court Benches, Assam which has 4 High Court Benches and prior to 2012 had seven High Court Benches, West Bengal which has two Benches, Madhya Pradesh which has two Benches etc even though they have less than 1 lakh pending cases or just 1 lakh, UP has maximum districts 75 whereas other states have just about 25 or 30 on an average, UP has maximum MPs, maximum MLAs, maximum Mayors, maximum towns, maximum pending cases in lower courts about to touch one crore pending cases whereas other states have comparatively much lesser figures, UP has given maximum PM to India including the incumbent Narendra Modi who is MP from Varanasi, maximum poverty, maximum crime, maximum riots, maximum killings, maximum rape, assault and other crimes against women, etc and is one of the biggest states of India yet has just one high court bench created way back in 1948 on July 1 at Lucknow which is just about 200 km away from Allahabad where the high court itself is located! Seventy five years have lapsed but till now in August 2023 no bench has been created in any other part of UP even though the former UN Secretary General Ban ki moon had slammed UP as the “rape and crime capital of India”! All true Indians must hang their head in shame at this despicable act! All Benches in India must be disbanded right now itself if West UP and UP cannot have more High Court Benches! How can CJI and Apex Court keep looking just the other way and why can’t it take suo motu cognizance on this also just like it took recently on the Lakhimpur Kheri incident?
It is most shocking that UP which is among the largest States, has maximum population – more than 25 crore, 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%, maximum Judges both in High Court – 160 and also in lower courts, maximum vacancies of Judges about 60 in High Court and 1200 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 undertrials, 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 what not yet Centre till now end of 2023 staring us from 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!
Why is it that the people of West UP of 30 districts foolishly were compelled and are still compelled to travel all the way to Allahabad which is far away even from Lucknow where High Court Bench is located and averages 600 to 750 km on an average? Most shamefully and most disgracefully, why is it that the people of Uttarakhand had to travel thousands of kilometers all the way shamelessly, senselessly and stupidly all the way not to even Lucknow but right upto Allahabad which is most horrendous for more than 50 years from 1947 till end of 2000 when a separate state was created termed as Uttarakhand when people agitated violently and a High Court was then allotted for them?
As if this was not enough, the UPA government headed by former PM Manmohan Singh pompously decided to create 2 more High Court Benches for Karnataka which already had a Bench at Hubli for just 4 and 8 districts at Dharwad and Gulbarga respectively in 2008 first as Circuit Bench and then later in 2013 as full Bench as the Karnataka leaders who were very influential were Law Ministers and cared for Karnataka! The lawyers of West UP headed by senior lawyers and Chairman and Secretary of Central Action Committee constituted for setting up a High Court Bench in 1981 repeatedly met the PM, UPA Chairperson Mrs Sonia Gandhi, Rahul Gandhi among others but all that UP got was a big slap on its face as not a single Bench was allowed anywhere in UP! For more than 10 crore people of West UP alone no Bench but for just 6 crore people of Karnataka, Centre felt most proud to create 2 more Benches for just 4 and 8 districts at Dharwad and Gulbarga which already had a High Court and a Bench at Hubli which makes me hang my head in shame! This despite the fact that Karnataka is a very peaceful state and in UP we see how all opposition parties keep beating their chest on lawlessness yet has just one Bench so close to Allahabad where it was just not needed at all!
But why blame UPA alone? Even the incumbent PM Narendra Damodardas Modi has ensured that not a single High Court is approved anywhere not just in West UP but in any hook and corner of UP even though it is UP which primarily decides which party will rule in Delhi! The incumbent CM of UP – Yogi Aditynath had thundered with full might for a High Court Bench in Gorakhpur in 1999 while he was MP from there right inside Parliament and in 2015 even placed a private member bill with tears in eyes but he cannot be blamed as it is Centre which has to take the final call on this.
It cannot be lightly dismissed that none other than the former CJI Ranjan Gogoi while in office as CJI had categorically appreciated the dire need of a High Court Bench in West UP when a woman lawyer named KL Chitra raised this burning issue in her PIL but Gogoi made it clear that it was for the Centre to take the final call on this! But Centre led by PM Narendra Damodardas Modi is very firm that what Jawaharlal Nehru did in 1948 to allot Bench only for “Nawab City” should be always maintained and in his more than 9 years as PM, he has proudly done that about which I myself feel most ashamed as the most historic recommendations of 230th report of Law Commission recommending creation of more Benches have been thrown in the dustbin! This despite the irrefutable fact that BJP tall leaders like Defence Minister Rajnath Singh, Union Minister like Gen VK Singh among others have always reiterated support for a Bench as the people of 30 districts are compelled to travel whole night and half day all the way to Allahabad most foolishly which is truly incomprehensible!
The whole point is: Why is Centre taking such an exceedingly long span of time of more than 75 years to decide on creation of a Bench in West UP when it took no time for Lucknow where it was just not needed as it is so close to Allahabad? Why Centre’s lofty words of providing justice at doorsteps has never matched in action with no Bench being set up in UP and lawless Bihar? Why Telangana with just 3.5 crore population was given Statehood by Centre in June 2014 while most disgracefully coughing groundless excuses for not granting even a Bench to West UP even though Justice Jaswant Singh Commission appointed by Centre itself had very strongly recommended for the same?
It must be asked: How can both CJI and Centre close their eyes to the unpalatable ground reality that UP tops the States list in having maximum pending cases and here too it is West UP which owes for more than half of the total pending cases of UP and still has no Bench? Can CJI and Centre both close their eyes, ears and mind to this unpalatable ground reality? Why is it that a peaceful State like Maharashtra which happens to be the home State of the incumbent CJI Dr DY Chandrachud has maximum High Court Benches and UP slammed by former UN Secretary General Ban ki Moon as “the rape and crime capital of India” has minimum and West UP which owes for more than half of the total number of pending cases has none? Centre must act and not keep shelling out one pretext or the other to ensure that not a single Bench is created in either UP or Bihar and peaceful States like Telangana with just 3.5 crore population promptly being conferred Statehood itself! Justice must not only be done but should be seen to be done which we don’t see happening in the case of setting up of High Court Benches in UP and lawless Bihar!
In no way can Centre wash away the unpalatable truth which is so demoralizing, disgusting, degrading and disastrous that Uttar Pradesh which has maximum population among all the States more than 25 crores which is more than the population of 16 small States put together and so also maximum pending cases more than 10 lakhs in High Courts and about one crore cases in lower courts and here too more than half of the pending cases are from West UP and still has just one Bench only and both High Court and a single Bench are in Eastern UP alone and that too just at a distance of about 230 km only even though in 1981 it was agreed that the distance between High Court and bench should not be less than 300 km! It is high time and Centre must move beyond the myopic view that only Eastern UP alone is fit for both High Court and Bench and not any other region which according to Centre are legally worthless just not fit to be given a Bench! Why is Centre most disinterested on such a sensitive issue which directly impacts population of more than 10 crore people of West UP?
It is high time and Centre must move beyond the myopic view that only Eastern UP alone is fit for both High Court and Bench and not any other region which really baffles me most! Why so much of opacity in creation of High Court Benches? Why no transparency? That is the nub of the problem!
It merits no reiteration that Centre must take a clear stand on it and not indulge in frequent flip-flop over it as we have been seeing since last more than 77 years! Viewed in this light, it can be easily surmised that Centre has been most deadly biased in favouring only one particular region in regard to setting up of a Bench which is most unfortunate and must be strongly and roundly condemned! I have just no inkling as to why Centre has been so deadly biased on this without any logic in this blatant, brazen and blind discrimination against West UP and other regions. Why even Supreme Court has failed to ever ask Centre that why UP with maximum pending cases, maximum population and what not has just one Bench and West UP with more than half of the total pending cases has none? It definitely can’t pretend to feign ignorance as we just celebrated 77 years of independence! It must act now!
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