“Justice denied anywhere
diminishes justice everywhere.”
– Martin Luther King, Jr.
It is most shattering to note that Centre has most shamelessly
ensured since last 79 years of independence that West UP with more than 10
crore people which contributes more than half to the State’s economy and so
also owes for majority of the pending cases of Allahabad High Court and yet
most mercilessly been deprived from having even a single High Court Bench leave
alone having High Court as ideally it should be! It will definitely not be
an exaggeration by any reckoning if I say that Supreme Court in last about 80
years has relentlessly and most grievously erred by not allowing even a single
High Court in any nook and corner of Uttar Pradesh other than at Lucknow which
is so close to Allahabad where High Court itself is located and most
atrociously attached litigants of 30 districts of West UP and hilly areas of
undivided UP with not even Lucknow which is more than 230 km closer but right
uptill Allahabad most astoundingly to seek justice which in itself is the
biggest betrayal of Constitution, deepest burial of justice and worst mockery
of poorest litigants of hilly areas of undivided UP who had to travel thousands
of kilometers all the way till not even Lucknow but right uptill Allahabad
which under no circumstances can ever be justified! Does this not amount to a
worst travesty of justice right under the nose of the Supreme Court for such a
long spell of time from which not just one party but crores of people
especially litigants from hilly areas of undivided UP and West UP suffered the
most?
It is none other than Supreme Court which has behaved most
worst in most despotic manner in this world by not ever till date for 79 long
years ever taking suo motu cognizance of not just ‘open cheating’ but more
appropriate would it be to say that “open dacoity” and “open plunder” in the
distribution of High Court Benches in different States and different regions
and so also in creation of new States where worst form of discrimination is
ruling the roost! It is absolutely heart wrenching to see that for just 6
districts of Western Maharashtra with a population of just 1.64 lakh people, it
has been announced on August 1, 2025 that the fifth High Court Bench at
Kolhapur will start functioning from 18-8-2025. In protest, the lawyers of 22
districts of West UP have unitedly decided to boycott work on 4.8.2025 and
stage demonstrations and submit memorandum reiterating the age old demand for
High Court Bench in West UP so that people get easy and affordable justice just
like Maharashtra – “justice at doorsteps”! Of course, this most third rated
discrimination in allotment of High Court and High Court Benches in different
States and different regions is completely unacceptable and CJI and Supreme
Court must take suo motu cognizance of it and not be a silent and hapless
spectator of what all is going on!
It has been reported just recently in the most prestigious
“India Today” website that, “Maharashtra will get its fifth Bombay High Court
Bench in Kolhapur from August 18, 2025 easing access to justice for six Western
districts. The decision follows decades of demand and official notification by
the state government. Bench will serve six districts including Kolhapur,
Satara, Sangli, Solapur, Ratnagiri and Sindhudurg. Circuit bench aims to reduce
travel burden on litigants from Western Maharashtra. Kolhapur Bench joins
existing Benches in Nagpur, Aurangabad, Panaji and Mumbai.”
The incumbent CJI – Hon’ble Mr
Justice BR Gavai on June 26, 2025 while speaking at his felicitation that was
organized by the Advocates Association of the Aurangabad Bench of Bombay High Court
has said most strongly that he supported the demand to set up a Bench of the
Bombay High Court at Kolhapur in Western Maharashtra for 6 districts stating
that justice should be available to every citizen “in every corner”. He said
that, “Every time there is a demand for Kolhapur Bench of the Bombay High Court
in Western Maharashtra, I have supported it and given the example of the
Aurangabad Bench. More cases are filed in the Aurangabad Bench now than those
in the Bombay Bench of the High Court.” To be sure, the incumbent CJI –
Hon’ble Mr Justice BR Gavai whose home State is Maharashtra further hastened to
add that, “It is not financially possible for
everyone to come to Bombay (Mumbai) for each and every hearing. Every citizen
in every corner should get justice without having to spend much time and
money.” Absolutely right! No disputing it!
Honestly speaking, from the same
angle, CJI Mr Justice BR Gavai must also introspect seriously that why 30
districts of West UP with more than 10 crores people not just 1.78 lakh people
like we see in Kolhapur in Maharashtra where fifth High Court Bench approved
and still have been most cruelly, consistently, cunningly and callously denied
for so long even a single High Court Bench for whom the architect of Constitution
– Dr BR Ambedkar had most vociferously recommended also separate Statehood
itself? This is because CJI is Chief Justice of India and not just Chief
Justice of Maharashtra only and so he must definitely ensure equality in
distribution of High Court Benches among all the States which most
unfortunately we don’t see happening right now! Most disgusting indeed! How
long will few elite States always be coddled, even at the cost of truth that it
is UP which tops the States list in having maximum number of pending cases and
still only one Bench in Eastern UP so close to Allahabad but West UP which owes
for majority of pending cases of Allahabad High Court has no High Court Bench,
not even a single High Court Circuit Bench! Yet Supreme Court has never bothered
to do anything on this!
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! What I find most deeply unsettling is that even now we see that
neither the Supreme Court nor even Centre who gets elected by people is ready
to open its eyes and take most concrete action to dismember the most
historical, Himalayan blunder committed about 80 years ago!
To say the very least, denying West UP and 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 far too long! What on earth is stopping Centre led by PM Mr
Narendra Modi and Supreme Court led by CJI Hon’ble Mr BR Gavai from approving
even a single Circuit Bench in West UP with more than 10 crore people from 30
districts? Is it because of some undisclosed extraneous reasons? Constitution
has been completely not only just mocked at but also is in tatters only for
namesake because West UP and lawless Bihar deserves multiple High Court Benches
but have not even a single Circuit Bench despite huge population of both!
It is known all too well that Dr BR Ambedkar recommended
separate Statehood for West UP and Justice Jaswant Singh Commission separate
High Court Bench only to be dumped by Centre in the nearest backyard without
any remorse or regret! Why only a handful of elite
States like Maharashtra, Madhya Pradesh, West Bengal, Karnataka and Assam alone
have multiple High Court Benches even though 230th Report of Law Commission of
India headed by former Supreme Court Judge - Late Dr AR Lakshmanan had strongly
recommended multiple High Court Benches for States most uniformly and on what
basis? Population of Madhya Pradesh is just 7 crores, of Karnataka
just 6 crores and of Assam just 4 crores!
The Aurangabad Bench of Bombay
High Court has jurisdiction over nine districts: Ahmednagar, Aurangabad, Beed,
Dhule, Jalna, Jalgaon, Latur, Nanded, Osmanabad and Parbhani. It serves the
Marathwada region of Maharashtra and created in 1980s as recommended by Justice
Jaswant Singh Commission which recommended maximum 3 High Court Benches for
undivided UP including permanent Bench for West UP yet not one created! Also,
the Nagpur Bench of Bombay High Court has territorial jurisdiction over ten
districts of Nagpur, Akola, Amravati, Bhandara, Buldhana, Chandrapur,
Gadchiroli, Gondia, Wardha and Yavatmal. Panaji Bench of Bombay High Court has
jurisdiction over two districts – North Goa and South Goa. The Andhra Pradesh
High Court Bench at Kurnool has jurisdiction over eight districts of
Rayalaseema. The Gwalior Bench of Madhya Pradesh (MP) High Court covers five
districts – Gwalior, Shivpuri, Guna, Datia and Ashoknagar. The Indore Bench of
MP High Court has jurisdiction over 13 districts of Alirajpur, Barwani, Dewas,
Dhar, Indore, Jhabua, Mandsaur, Neemuch, Ratlam, Rajgarh, Shajapur, Ujjain and
Khargone (West Nimar). The Jalpaiguri Bench of Calcutta High Court in West
Bengal has jurisdiction over total four districts – Darjeeling, Kalimpong,
Jalpaiguri and Cooch Behar. Port Blair High Court Bench of Calcutta High Court
has jurisdiction not over a district but only Union Territory of Andaman and
Nicobar Islands. The Gulbarga High Court Bench of Karnataka High Court had
initially jurisdiction over four districts of Bidar, Bijapur, Gulbarga
(Kalaburagi) and Raichur and then expanded to cover six districts including
Yadgir and Bellary. The Dharwad Bench of Karnataka High Court has jurisdiction
over 8 districts of Bagalkot, Dharwad, Bellary, Belgaum, Gadag, Haveri, Uttara
Kannada (Karwar) and Koppal districts.
It is published in a news column in website of ‘The Times of
India’ with heading titled “Submit proposal to convert circuit bench in
Kolhapur into permanent bench: CJI Bhushan Gavai to HC” dated August 18, 2025
by Abhijeet Patil that, “Chief Justice of India
Bhushan Gavai on Sunday asked the Bombay high court to submit a proposal as
early as possible to convert the newly inaugurated high court circuit bench in
Kolhapur into a permanent bench. “I still have three-and-a-half months left in
the CJI office, and this is a fairly long period,” he said at the inauguration
of the high court circuit bench. Gavai, who was sworn in as the CJI on May 14,
is due for retirement on Nov 23.”
Hon’ble CJI Mr Gavai very
sagaciously pointed out precisely observing that, “To get justice to the man
standing at the last mile was important and thus, there has to be
decentralization of the judicial system.” This definitely hundred percent
applies to West UP and lawless Bihar also! Litigants of West UP have to travel
600 to 800 km on average all the way to Allahabad High Court which in itself is
the biggest betrayal of Constitution, deepest burial of justice and worst
mockery of poorest litigants of 30 districts of West UP with more than 10 crore
people! How long will Centre keep fudging, keep fuming needlessly and keep
forwarding lame excuses and keep dilly-dallying on such a most pressing issue
for an inordinately long spell of time? What is also important to note is that
even as Parliament session is going on, Centre has not shown any serious
interest in demonstrating that it is most serious to address this most
compelling demand for High Court Bench in West UP!
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 11 lakh in Allahabad High Court 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
after Bahraich even Fatehpur in West UP coming in news for shameless communal
disturbances most recently, maximum undertrials in all age groups and what not
yet Centre till now in September 2025 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? How can
Centre ever deny, distort or dispute such most irrefutable facts? What exacerbates
matters is Centre stonewalling any attempt to create a Bench in West UP or any
other part of UP except 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 September 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 only a handful of elite States
like Maharashtra, Madhya Pradesh, West Bengal, Karnataka and Assam alone have
multiple High Court Benches even though 230th Report of Law Commission of
India headed by former Supreme Court Judge – Late Dr AR Lakshmanan had strongly
recommended multiple High Court Benches for States especially big? Why Supreme
Court never dares to lash out ever at this most brazen, blind, brutal, blatant
and baseless discrimination perpetrated in distribution of High Court Benches
in not only different States but also different regions like in UP it is only
Eastern UP alone which has both High Court and High Court Bench leaving other
regions completely unrepresented including hilly areas as long as it formed
part of UP, West UP, Purvanchal and Bundelkhand? Why the hell Supreme Court has
tolerated most absurdly for so long and is still tolerating such
most worst form of dastardly, divisive and double standard absurd
discrimination perpetrated against different regions of same State like in
UP or between different States and so also in allocating Statehood to different
States?
What has left me completely
shocked, absolutely stunned, totally shaken and shattered to the hilt just like
other lawyers of West UP and litigants is that even after nearly 80 years,
Centre is least bothered to do anything serious on such a most burning issue
directly affecting more than 10 crore people living in West UP especially
litigants! It is well settled and well known all over that this core,
compelling and critical issue of setting up a High Court Bench in West UP has
been on the table since independence yet most unfortunately keeps getting
pushed back to the oblivion! How long will Centre keep on neglecting
intentionally such a most serious issue? 78 years have already flown under the
bridge of time!
What I find most deeply unsettling and most perplexing to note
is that West UP has not even a High Court Bench nor even just a High Court
Circuit Bench and still Supreme Court says nothing! When will it speak up? It
must speak up now fearlessly in the interest of justice so that the poorest
litigants of West UP stands to gain the most and don’t keep on suffering
endlessly with no end in sight! No denying or disputing it!
To put it bluntly: The bogey that West UP needs no Bench needs
to be most strongly debunked! Rather I will ask: What was the dire need for a
High Court Bench in Lucknow so near to Allahabad where High Court itself is
located yet it has High Court Bench since July 1, 1948? The point to reflect on
is: How long will West UP be mercilessly deprived from having even a single
Bench? The most critical question is: How much more time will Centre
senselessly keep purchasing to settle this long pending High Court Bench issue
in West UP knowing it fully well that West UP owes for majority of pending
cases of UP and contributes 80 percent to State's economy yet litigants
from this region are made to suffer the most as both High Court and a single
Bench are in Eastern UP only and nowhere else and most intriguingly West UP
attached with not even Lucknow but most farthest with Allahabad which means
litigants of 30 districts of West UP have to travel 600-800 km on average so
far away and yet no one bothers not even CJI himself as I have never heard him
saying anything like he said for Kolhapur which is just about 382 km from
Mumbai where High Court is located?
Most ironically and most shamefully, we see that Justice
Jaswant Singh Commission headed by former Supreme Court Judge was constituted
by Centre itself for creating a High Court Bench in West UP among other places
and it recommended maximum three High Court Benches in undivided UP – two
circuit Benches in hilly areas at Dehradun and Nainital and a permanent High
Court Bench in West UP at Agra yet not one Bench created till date which ultimately
resulted in huge agitations in hilly areas of undivided UP and UP got
partitioned in 2000 mainly because of hilly areas being denied even a single
High Court Circuit Bench and then got separate High Court itself for just 88
lakh people and separate State named Uttarakhand but for West UP with more than
10 crores population for which permanent Bench recommended by Justice Jaswant
Singh Commission which owes for majority of pending cases of UP, we see that
not a single Bench created till date with August 2025 now running even though a
permanent High Court Bench was recommended for it about 50 years ago most
unfortunately and so also most astoundingly we also witnessed how where it
recommended High Court Bench in Aurangabad in Maharashtra started functioning
so early as in 1980s itself which already had multiple High Court Benches at
Nagpur, Bombay and Panaji and yet created one more fifth itself at Kolhapur
from 18.8.2025 and so also Justice Jaswant Singh Commission had recommended
High Court Bench at Japlaiguri for just 5 districts was created in West Bengal
which already had High Court Bench in Port Blair for just 2 lakh people and so
also at Madurai in Tamil Nadu with just 7 crore people which were all created
promptly! This is the real tragedy and real worst discrimination in
distribution of High Court Benches in different States! How can any CJI ever
decide to remain wholly silent on this shocking, shameless and senseless
discrimination? Denial of even a single Bench to West UP is wholly untenable and
needs to be given a Bench at the earliest without any more dilly-dallying now!
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! 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! Denying West UP and 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!
I must add here that it is certainly high time now and the
worst discrimination that has been perpetrated in judiciary itself since last
75 years of completion of Constitution must be definitely addressed at the
earliest! Frustration stems in minds of litigants of West UP due to no Bench in
this region inspite of such a huge population of more than 10 crores more than
majority of the States in India and majority of the countries in the world!
High Court Benches are tools to be used to strengthen speedy justice and “justice
at doorsteps” as recommended most strongly and most sagaciously by the 230th
Report of Law Commission of India prepared under Chairmanship of former Supreme
Court Judge Late Dr AR Lakshmanan and other legal experts for all States and
High Court Benches are not some gold ornaments to be just locked up in few
elite States alone as per ruling elite own whims and fancies as we see most
unfortunately and most disgracefully since last nearly eight decades!
There was no e-filing facility for hilly areas of undivided UP
from 1947 to November 9, 2000 till Uttarakhand was created as a separate State
as litigants relentlessly bore extreme hardships and wasted huge money in just
travelling alone leave alone other expenses but more than 10 crores people of
West UP are still suffering endlessly! Yet not one Judge either in Allahabad
High Court or even Supreme Court which is the last bastion as ray of hope for
the poorest litigants could ever dare to summon the moral courage to speak up
by taking suo motu cognizance of this long lingering High Court Bench issue in
West UP!
One is totally clueless as to why Centre and concerned States
are not taking any meaningful and decisive steps to create more High Court
Benches not even in big States like UP and Rajasthan as both have only one
Bench and lawless Bihar most shockingly has none even though the 230th Report
of Law Commission of India in 2009 headed by former Supreme Court Judge and a
very eminent jurist also even though the 230th Report of Law Commission of
India in 2009 headed by former Supreme Court Judge even though the 230th
Report of Law Commission of India in 2009 headed by former Supreme Court Judge
and a very eminent jurist also - Late Hon’ble Dr AR Lakshmanan who most
strongly advocated for creation of more High Court Benches in different States
without any discrimination and yet even after 16 years on ground we see that
only few elite States like Karnataka, Maharashtra, Madhya Pradesh, West Bengal
and Assam alone have exclusive privilege of having multiple High Court Benches?
To cut a long story short, the question is whether Centre will ever try to
dismantle the totally unjustified monopoly of few elite States in having
multiple High Court Benches? To say the very least, at least Supreme Court and
CJI must step in because CJI is Chief Justice of India and not Chief Justice of
Maharashtra only!
No wonder, in the India Justice Report 2025 that was released
on April 14, 2025, we see that States like Karnataka with population of just 6
crore which got VVIP treatment by being given multiple High Court Benches at
Dharwad and Gulbarga for just 4 and 8 districts only created in 2008 which
already had High Court Bench in Hubli rank among the best States right on top
of all States and West UP with 30 districts and more than 10 crore people yet
not even a single Bench and UP with more than 26 crore population which is more
than Pakistan at 25 crore has just one Bench only and it is a no-brainer that
it has been listed in worst category just like lawless Bihar not having even one
Bench and Rajasthan just one among others also figuring in the worst
category of States! Five south states rank among top performers as for just 3.5
crore people of Telangana, separate High Court created on June 2, 2014 and so
also for Andhra Pradesh with just 4 crore people and we know that apart from
High Court at Amaravati, the Andhra Pradesh Assembly just some recently
approved a High Court Bench in Kurnool for just 8 districts and State
Government it is being reported is now seriously contemplating one more at
Visakhapatnam but for Punjab and Haryana still there is no separate High
Court for both the States and so no wonder it figures in middle performer
category States!
Still why Parliament never ensures that big States like UP,
lawless Bihar and Rajasthan have multiple High Court Benches even after more
than 79 years of independence? Parliament cannot be absolved ever from its most
notorious stupidity in doing nothing to set the record straight on this count
and bringing them at least on parity with few elite States who have multiple
High Court Benches like Karnataka even though its population at 6 crores is
more than 4 crores less than West UP alone at 10 crores and more than 20 crores
less than UP at 26 crores! No wonder, it is right at the top in the India
Justice Report 2025!
But it really speaks volumes of how much ruthless, rampant,
raw and rotten discrimination our Centre and so also our Parliament that is
both legislature and executive has ensured is perpetrated on big North Indian
States like UP, Rajasthan and Bihar in judiciary itself in High Court Benches
distribution which makes me hang my head in shame! It would be foolhardy to
ignore the ground reality which speaks for itself. Yet Supreme Court also never
takes suo motu cognizance of it and as we saw in November 2018 when an Apex
Court Bench led by the then CJI Mr Ranjan Gogoi conceded the dire need of a
High Court Bench in West UP while listening to a PIL by a woman lawyer KM
Chitra dismissed the PIL saying that it was for Centre to decide! Is Supreme
Court waiting for another 100 or 200 years for Centre to take action on this?
Will creation of more High Court Benches ensure or hinder the
rule of law? No prizes for guessing the clear writing on the wall! Why the most
legitimate voice of the litigants of West UP for a High Court Bench has been
throttled for so long despite West UP owing for majority of pending cases of UP
and contributing to more than 80% of State’s economy? The crux of the problem
is: Centre is least interested in taking any pains to seriously resolve this
long pending issue which definitely has to be roundly and most strongly
condemned! A High Court Bench in West UP will better ensure that police and
civil administration in West UP comply as directed as it will be much closer!
It certainly brooks no more delay any longer now!
By any reckoning, there cannot be ever a bigger tragedy than
this that for 79 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 and most disgusting is that the litigants of 30 districts of
West UP have been most atrociously and most mercilessly 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 230 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 about 700 to 800 km in
average 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 and judiciary also has been reticent in taking
any action in this regard even though it took suo motu cognizance recently in
cheating in Mayor elections as we saw in Chandigarh some time back! CJI must
speak on this also like he spoke for High Court Bench in Western Maharashtra
for just five districts and act also!
It merits just no reiteration that 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! The step-motherly
treatment that has been humiliatingly accorded to West UP which owes for
majority of pending cases of UP and contributes more than 80 percent to State’s
economy is most disgraceful and most saddening indeed! No denying it!
What really intrigues me most is why so unjustly West UP has
been deprived from having even a single Bench? Centre has repeatedly assured
creation of Bench in West UP but in stark contrast when it comes to action,
nothing done in last nearly 80 years! Most disgraceful, most disheartening,
most derisive, most discriminatory double standards and so also most
disbelieving to see how unabashedly Centre has turned a blind eye to such a
most serious and compelling issue directly affecting the poorest litigants!
How long will a solution to this Bench issue in West UP just
keep lurking in the shadows? To put it plainly, Centre’s absolute inaction on
this front has to be most strongly and roundly condemned! On a serious note,
the people’s cry for a High Court Bench in West UP cannot be ever silenced!
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 with 79 years already
flown under the bridge of time? It has to be acknowledged with grace that
denial of even a single High Court Bench to West UP which owes for majority of
pending cases of UP which is also highest for any region in India is not only
most dangerous and most deleterious but also most disastrous, most despicable
and most discriminatory indeed!
Let us still fervently hope that some Judge in Supreme Court
will definitely one day take suo motu cognizance of this worst discrimination
of distribution of High Court and High Court Benches in different States and
different regions right under the nose of Supreme Court most shamelessly, most
senselessly, most surreptitiously and most sinisterly by not allowing even a
single Bench in UP in last 78 years even though UP has maximum pending cases
among all the States and majority of pending cases from West UP yet not even a
single Bench even though Justice Jaswant Singh Commission appointed by Centre
itself recommended permanent seat of High Court Bench in West UP about 50 years
ago and address it in the best possible convincing manner! It brooks no more
delay any longer now!
My point is very clear: This definitely cannot under any circumstances
continue endlessly! I am of the considered view that Centre is taking far too
long for deciding in an “open and shut” case of High Court Bench in West UP!
What I find really most troubling and so also most demoralizing is that this
key issue directly pertains to judiciary and it is a grave violation of what is
envisaged in Article 14 about equality in Constitution yet Apex Court also has
most astoundingly and inexplicably desisted in last nearly 80 years of independence
in taking a proactive stand on it and in ensuring that West UP has a High Court
Bench so that the litigants don’t keep on suffering endlessly!
But I still nurture a glimmer of hope that someday sooner or
later Supreme Court will definitely muster the requisite courage and conviction
to honestly speak up most candidly on this also just like it spoke recently on
more than half of Judges seat in Allahabad High Court lying vacant and ensure
that a High Court Bench is created in West UP at the earliest as was directed
also so very commendably by Justice Jaswant Singh Commission appointed by
Centre itself about 50 years ago and yet not created till date! I just don’t
buy any rubbish arguments that is forwarded by Centre as lame excuse on one
pretext or other for denying West UP even a single High Court Bench even though
majority of pending cases are from West UP yet what is worst is that even
Supreme Court has done absolutely just nothing at all in this regard for last
about 80 years without any bona fide justification for not taking any action in
such a serious matter affecting so many litigants who are made to undergo
untold hardships due to no Bench in this region!
To put it gently, it would not be completely off the mark
to say that it is West UP where High Court should now be shifted as majority of
pending cases are from West UP as was conceded by Justice Jaswant Singh
Commission also! But what I find most deeply unsettling and so also most
perplexing to note is that West UP has not even a High Court Bench nor even
just a High Court Circuit Bench and still Supreme Court says nothing! When will
it speak up? It must speak up now fearlessly in the interest of justice so that
the poorest litigants of West UP stands to gain the most and don’t just keep on
suffering endlessly with no end in sight for no fault of theirs!
To conclude, CJI is certainly Chief Justice of not just
Maharashtra but of India as a whole. He must act impartially definitely ensure
that a High Court Bench is created in West UP also with more than 10 crore
people and 30 districts where it is needed most before he hangs his boots and
not just that only one State that is Maharashtra which already had multiple
High Court Benches is armed additionally with one more Bench at Kolhapur with
just 6 districts and 1.64 lakh people and now even for 3 districts of Pune
sixth High Court Bench is being demanded with lawyers of Pune going on
indefinite strike from August 1! There can be just no denying or disputing it!
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