HC Bench In West UP Can’t Just Simply Be Wished Away Any Longer Now

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

The irony could not have been more starker and more murkier! It is West UP which ideally should have been vested with High Court itself as majority of the pending cases of Uttar Pradesh are from West UP which is all on record yet what is most astounding to watch is that it has not even a single High Court Bench permanent seat and what is most worst of all is to see that it has not even a single High Court Circuit Bench! It is known all too well even though many still don’t know that a permanent seat of High Court Bench for Lucknow in Central UP for just very few districts not even in double digits when created way back in July 1948 so close to Allahabad High Court without dishing any frivolous excuses like we have been seeing since last more than five decades for West UP with 30 districts and more than 10 crore people which is maximum districts among all regions of UP and owes for majority of pending cases of Allahabad High Court and as if this was not enough contributes maximum to State’s economy about 75 to 80 percent and the reward it has got is not even a single permanent seat of High Court Bench in West UP nor even a Circuit Bench in West UP! To top it all, the litigants of West UP have been attached with not even Lucknow which falls much earlier but right uptill Allahabad which is biggest betrayal of Constitution, biggest national disgrace and deepest burial of justice and worst mockery of poorest litigants of 30 districts of West UP and hilly areas of undivided UP as long as it formed part of UP which made practically just no sense at all and culminated in most unfortunate partition of Uttar Pradesh 26 years ago as people had to travel thousands of kilometers all the way till Allahabad and even though Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended about 50 years ago two Circuit Benches for hilly areas of undivided UP at Dehradun and Nainital yet not even a single created most atrociously just like a permanent seat of High Court Bench recommended for West UP at Agra yet not even a Circuit Bench created anywhere till date! Only time will tell when the endless wait for even a single High Court Bench in West UP ever end? Former Attorney General of India – Late Soli J Sorabjee had in his capacity as Attorney General had said 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.” Former President of Supreme Court Bar Association MN Krishnamani had very categorically stated that, “Only by the creation of a Bench of High Court in West UP will the people be able to secure justice.”

We saw how Centre gave separate statehood itself with separate High Court to Telangana with just 3.5 crore people in June 2014 and so also earlier also to many States like Jharkhand, Chhattisgarh among others whose population is more than 6 or 7 crore less than West UP and still have separate High Court! Karnataka with just 6 crore people were given two High Court Benches for just 4 and 8 districts at Dharwad and Gulbarga in 2008 itself and now Bench recommended for Mangaluru for just 3 districts! How long will Centre pat itself on the back that UP has just one High Court Bench created 78 years ago so close to Allahabad High Court at Lucknow where it was just not needed at all and nowhere else not even when UP was undivided?

The point being made here is that it is Centre which most unscrupulously has been acting as the biggest stumbling block for creation of High Court Bench in West UP on one pretext or the other which has only served to portray it in poor light just like being the biggest litigator has denigrated its reputation. Centre’s decision to deprive West UP from having even a single High Court Bench not even a Circuit Bench is bereft of any logic. For the exclusive benefit and indulgence of my esteemed readers, let me now lay bare that Uttar Pradesh falls in how many regions or economic divisions and districts included in them. They are as follows:-

Western Division (Paschimanchal – 30 districts) – Saharanpur, Muzaffarnagar, Bijnor, Rampur, Budaun, Mathura, Etah, Bareilly, Pilibhit, Shahjahanpur, Firozabad, Agra, Mainpuri, Baghpat, Meerut, Amroha, Moradabad, Gautam Buddha Nagar, Ghaziabad, Bulandshahr, Hathras, Aligarh, Kannauj, Farrukhabad, Auraiya, Etawah, Kasganj, Hapur, Sambhal and Shamli.

Central Division (Madhyanchal – 10 districts) – Lakhimpur Kheri, Hardoi, Sitapur, Barabanki, Lucknow, Unnao, Rae Bareli, Kanpur Dehat, Kanpur Nagar and Fatehpur.

Bundelkhand Division (7 districts) – Mahoba, Hamirpur, Chitrakoot, Banda, Jalaun, Jhansi and Lalitpur.

Eastern Division (Purvanchal – 28 districts) – Ambedkar Nagar, Ayodhya, Siddharthnagar, Basti, Maharajganj, Gorakhpur, Kushinagar, Deoria, Mau, Azamgarh, Ballia, Bhadohi, Varanasi, Jaunpur, Sonbhadra, Mirzapur, Kaushambi, Prayagraj, Balrampur, Gonda, Chandauli, Shravasti, Bahraich, Sant Kabir Nagar, Sultanpur, Ghazipur, Pratapgarh and Amethi.

(Source: Sam Samayik Ghatna Chakra Uttar Pradesh At A Glance 2026 on page 81 published from Allahabad)

I am completely fed up and most utterly disgusted to see since last 25 years that I have been in Meerut in West UP how the lawyers of West UP have been most relentlessly agitating for the most sacred, most legitimate and most compelling demand for creation of a High Court Bench in West UP but to no avail! The lawyers of West UP went on complete strike for 6 months sacrificing their own livelihood when I just landed in Meerut for creation of a High Court Bench in West UP and again for 6 months in 2014-15 apart from strike every Saturday since last more than 45 years and many times even on Wednesday some years ago still no action we witnessed on ground most astoundingly! It is hard not to conclude that Centre has been most deadly biased and has left no stone unturned to ensure that West UP is deprived from having even a single High Court Bench not even a Circuit Bench while simultaneously not allowing even an year to pass after independence to create a single High Court Bench for whole of undivided UP at Lucknow so close to Allahabad High Court in July 1948 and worst of all attached litigants of 30 districts of West UP and hilly areas of undivided UP with not even Lucknow but right uptill Allahabad! One can safely say that the curtains need to be brought down on this long lingering most pressing issue!

It is a matter of supreme irony that the most populated State of India that is Uttar Pradesh which tops the State list with maximum number of pending cases more than 12 lakhs as conceded by President of Allahabad High Court Bar Association – Mr Rakesh Pandey has just one High Court Bench at Lucknow so close to Allahabad in Eastern UP created 78 years ago in July 1948 and West UP which owes for majority of pending cases of Allahabad High Court has not even a single High Court Bench not even a Circuit Bench and not only just this but in addition has been attached with not even Lucknow which falls much earlier but right uptill Allahabad to seek justice 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 who have to travel whole night and nearly a day by train about 700 to 800 km on average most shockingly! From a legal standpoint, it is UP which tops the State list in having maximum number of pending cases and so also has maximum population more than 25 crores and here too it is West UP which owes for majority of pending cases of UP and still leave alone High Court or permanent seat of High Court Bench has not even a Circuit Bench as Centre is just not ready to concede most disgracefully! I often find myself battling with a moot question: Why is Centre so hell bent in denying West UP even a single Bench and thwarting all chances of creating even a Circuit Bench most spinelessly without any remorse or regret?

It is not democratic but is most autocratic that the most populated State of India that is Uttar Pradesh which has maximum number of pending cases among all States even after partition of Uttar Pradesh in November 2000 and still has just one High Court Bench in Lucknow so close to Allahabad High Court for just few districts and nowhere else which is absolutely unbelievable and West UP despite owing for majority of pending cases of Allahabad High Court being denied even a single High Court Bench not even a Circuit Bench is most autocratic denial of a High Court Bench to West UP for 80 years after India became independent in 1947 and as if this was not enough attached litigants of 30 districts of West UP with not even Lucknow but right uptill Allahabad to seek justice which is most baffling indeed! Worst of all, even when UP was undivided then also the litigants of hilly areas of undivided UP had to travel most astoundingly thousands of kilometers all the way till Allahabad to seek justice which in itself is the biggest betrayal of Constitution which stands for equality as fundamental right as envisaged in Article 14 of Constitution, biggest burial of justice and worst mockery of poorest litigants of hilly areas of undivided UP which ultimately led to huge agitations and many people sacrificed their precious lives and then separate Statehood itself and separate High Court for hilly areas of undivided UP which as long as it formed part of undivided UP did not have even a single Bench not even a Circuit Bench even though Justice Jaswant Singh Commission appointed by Centre itself recommended two Circuit Benches at Dehradun and Nainital and a permanent Bench in West UP in Agra yet not one created and Maharashtra which already had multiple High Court Benches at Nagpur and Panaji was given one more at Aurangabad in 1980s as recommended and now last year on August 18, 2025 we saw fifth High Court Bench created at Kolhapur for just 6 districts started functioning! Most chillingly, even the Supreme Court never dared to take suo motu cognizance of it and press which is considered the fourth pillar of Indian democracy also maintained a conspicuous deafening silence on it and hardly ever accorded prime coverage to it!

From what is mentioned hereinabove, it is as clear as broad daylight that West UP has maximum districts – 30, owes for majority of pending cases of Allahabad High Court and contributes maximum to State’s economy yet the people residing in West UP have been most unfairly deprived from having even a single High Court Bench not even a Circuit Bench! The point being made here is that it is Centre which most unscrupulously has been acting as the biggest stumbling block for creation of High Court Bench in West UP on one pretext or the other which has only served to portray it in poor light. It is also not hidden from anyone that it is Centre which is the biggest litigator in our nation! For my esteemed readers exclusive indulgence, I must bring out here that the Single Judge Bench of Allahabad High Court comprising of Hon’ble Mr Kshitij Shailendra in a most notable judgment titled Radhey Shyam Yadav vs Sri Ashok Nath Tiwari, the District Inspector of Schools in Contempt Application (Civil) No. - 6468 of 2022 that was pronounced recently on May 19, 2026 laments in para 20 with a heavy heart stating that, “In heavily burdened constitutional courts, like our Allahabad High Court, where around 400, 500, 600 and sometimes more than 800 cases are listed every day before every Judge, judicial proceedings may consume considerable time for disposal; sometimes years and sometime decades also. Still people all around may expect such overburdened judges to become ever-working super robots or super computers or super-human beings? If during such pendency, parties are permitted to openly defy operative directions, the administration of justice would descend into chaos and anarchy. The law does not countenance such audacity.” Absolutely right! Why more than half of Judges seat even in Allahabad High Court keep lying vacant when we now see that in Supreme Court Judges strength has been increased and all vacancies have also been filled?

Even former eminent Supreme Court Judge – Justice (Retd) Markandey Katju who has been Chief Justice of different High Courts including Allahabad High Court has fully reiterated his open support to the most legitimate demand for a High Court Bench in West UP which is most refreshing to note! It has definitely warmed the innermost cockles of my heart and mind to read that one of the most eminent former Supreme Court Judge Hon’ble Mr Justice Markandey Katju who has himself practiced in Allahabad High Court from 1970 to 1991 with specialization in Taxation, Labour Laws and Writ Petition and is one of the most distinguished jurists that India has ever produced known all across the globe and was also appointed Acting Chief Justice of Allahabad High Court in August 2004 and so also was Chief Justice of Madras High Court in November 2004 and also of Delhi High Court in October 2005 has in a eye-opener blog titled: “The Demand For A Western Bench Of Allahabad HC Is Justified” published on September 24, 2025 in website named “Medium” written most elegantly that, “While I do not approve of blocking roads, I believe that the demand for a bench of the Allahabad High Court in western Uttar Pradesh is fully justified. The reason is simple: litigants of western UP face a huge financial and logistical burden when they are compelled to travel all the way to Allahabad, which is in eastern UP. The Justice Jaswant Singh Committee, after studying the matter in great detail, came to the same conclusion. There are several benches of the Madhya Pradesh High Court and the Bombay High Court. Similarly, the Madurai bench of the Madras High Court, which was created in July 2004 when I was Chief Justice of that court, was established for the very same reason: litigants in southern Tamil Nadu found it prohibitively expensive and inconvenient to travel to Chennai in the north. On exactly the same logic, there is no reason why western UP should be denied a bench of the Allahabad High Court.” How long will this most pressing Bench issue in West UP be held hostage on one pretext or the other? How long will Centre be seen to be sitting on the fence on this most compelling issue? The deeper question is: How long will Centre keep prolonging it needlessly?

By any reckoning, Centre needs to remove the albatross from around its neck of West UP cannot have a High Court Bench despite so deserving as was recommended also by Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself who recommended a permanent seat of High Court Bench in West UP about 50 years ago yet not even a single High Court Circuit Bench created in last about 80 years of independence since 1947! How long will Centre feel the luxury to keep such a most pressing issue directly affecting the litigants of 30 districts of West UP in abeyance on one pretext or the other? How long will such a long lingering most pressing issue remain in limbo needlessly and pale into insignificance at the cost of litigants of West UP who suffer most especially those who are very poor?

Truly speaking, the prominent view is that Centre is fully culpable for depriving West UP from having even a single High Court Bench not even a Circuit Bench just like in Purvanchal and Bundelkhand! Centre needs to think hard and deep that why it has so irrationally deprived West UP from having even a single Bench? How long will Centre keep appeasing naysayers who most vehemently oppose the setting up of even a single Bench in West UP for serving their own vested interests?

To say the very least, the denial of even a single High Court Bench to West UP on most flimsy grounds is patently ludicrous! When Centre can create in one go two High Court Benches for Karnataka in 2008 with just 6 crore people at Dharwad and Gulbarga for just 4 and 8 districts then why for West UP with more than 10 crore people and 30 districts we see that it has not even a single High Court Bench nor even a Circuit Bench, to say the very least? This most brutal, brazen, blatant and baseless discrimination must end right now!

Now Karnataka State Government has recommended for creation of Circuit Bench in Mangaluru for just 3 districts but for 30 districts of West UP we saw that UP CM Yogi Adityanath recommended to Allahabad High Court for creation of a High Court Bench in West UP in January 2024 only to withdraw the recommendation the very next day! It is nothing but sheer lack of political will that West UP has been most mercilessly deprived from having even a single Bench not even a Circuit Bench! When more than Rs 42000 crore can be spent straightaway for linking Allahabad to Meerut by Ganga Super Expressway then why the hell can’t a very small amount be spared for creating a High Court Bench in West UP?

What I find most distressing, disturbing and denigrating is that the BJP which once flaunted the much vaunted tagline “party with a difference” most pompously which I also believed has proved itself to be biggest carbon copy of Congress in ensuring that big States like UP and Rajasthan are deprived without fail from having multiple High Court Benches and so also Bihar and Orissa from having even a single Bench not even a single Circuit Bench most astoundingly! Why Centre since 1947 till date irrespective of which party is in power in Centre is most dead determined to strictly enforce its one-point agenda – Never allow big States like UP and Rajasthan to have multiple High Court Benches at any cost and so also other big States like lawless Bihar and Orissa from having even a single Bench not even a Circuit Bench? Is this is what is called democratic style of functioning? This is most unfortunately not a figment of imagination but the most unpalatable truth which Indian media never discusses for myriad reasons known best to them which has to be most strongly condemned!

This is akin to UN Security Council which has five permanent members since 1945 till date – USA, UK, Russia, France and China and despite so many changes not even a single nation among the nearly 200 countries as member made permanent despite India staking its claims again and again due to India contributing so much to UN and being the biggest democratic country in world! Similarly we see in India, Centre has taken the most firm resolve to ensure multiple High Court Benches for only five elite States – Maharashtra, Karnataka, West Bengal, Madhya Pradesh and Assam out of 28 States kicking out most deserving States like UP, Rajasthan, Bihar and Orissa even though the route to power in Centre passes maximum through UP and these States as Centre most strongly feel that they just don’t deserve it even though 230th Report of the Law Commission of India most strongly recommended creation of more High Court Benches in States not just five States as we see most unfortunately right now! India has no moral right to demand a permanent seat in UN Security Council by breaking the exclusive monopoly of 5 big countries without itself breaking most unjustified monopoly of five elite States in having multiple High Court Benches!

If one look at the whole picture, we see that it reflects a far deeper malaise which now no more can be hidden from public gaze any longer. How long will Centre keep downplaying the most legitimate and compelling demand for a High Court Bench in West UP and so also in Orissa and Bihar and some other States? This is a stark reminder of how much Centre discriminates most ruthlessly yet is never held accountable even by top court! Why Apex Court never takes Centre to task for it?

Does it make any sense that the most populated State of India with maximum number of pending cases that is Uttar Pradesh has only one High Court Bench in Lucknow so close to Allahabad created in July 1948 and nowhere else even in June 2026? 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 which means more than even Pakistan at 25 crores, maximum districts – 76, 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 with Dr Laxmi Kant Vajpayee who is Rajya Sabha MP of BJP while demanding two High Court Benches in Parliament for West UP at Meerut and Agra pointing out that West UP owes for 63 percent of pending cases of UP and two High Court Benches at Gorakhpur and Varanasi, 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 3 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 official encounters more than 15,000 from 2017 till date, 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 and now most recently even Bareilly 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 June 2026 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 which falls earlier than Allahabad! Not only just this, Uttar Pradesh has maximum number of airports – 21 and maximum international airports – 5 at Lucknow, Kushinagar, Ayodhya, Varanasi and Noida in West UP still only one High Court Bench at Lucknow so close to Allahabad High Court and litigants of West UP attached with not even Lucknow but right uptill Allahabad so far away most stupidly and most atrociously! For foreigners maximum facility of maximum airports in Uttar Pradesh but for litigants of West UP, Purvanchal and Bundelkhand not even a single High Court Bench just like we see in Bihar and Orissa and many other States by which Indians will gain most and not foreigners! How can Centre ever deny, distort or dispute such most irrefutable facts that stare us in face since last 80 years?

Practically speaking, the dire need for a High Court Bench in West UP cannot be overstated! Perhaps the most telling part is that the only lesson Centre is learning from history on this count is that it is refusing to learn any lesson even after partition of UP in 2000 on this very ground of litigants encountering huge problem in travelling all the way till Allahabad most foolishly! Why is Centre quavering in an “open and shut” case like setting up of a High Court Bench in West UP?

It is well worth asking: How long will Centre deprive West UP from having even a single Bench most shamelessly on most flimsy grounds? The most distressing stark truth is: Centre is just not ready to budge on this and national media is least bothered to ever give it any coverage and Apex Court is just not ready to take suo motu cognizance of it! This is the nub of the matter!

The truth of the matter is: Centre has most unabashedly perpetrated such merciless, most absurd discrimination which I most strongly feel is a national disgrace! Many decades ago, UN Secretary General Ban ki Moon while in office had slammed UP as “rape and crime capital” of India still why UP has just one High Court Bench so close to Allahabad High Court and nowhere else! It must be stated unhesitatingly that Centre has been most biased in discriminating when it comes to big States like UP and Rajasthan which have just one and so also other big States like Orissa and Bihar which have none!

It must be asked: Why 230th Report of Law Commission of India which recommended creation of High Court Benches in different States not implemented even after 17 years of its recommendation? Why Apex Court has never held Centre accountable for it? Why national news channels never debate on it? Why most of national newspapers fight shy to publish any editorial on this hot-button issue which will portray Centre in poor spotlight as it is primarily culpable for this most atrocious discrimination perpetrated with impunity by not doing anything worthwhile to end it or even contain it?

Let me put it this way: It is high time that Apex Court takes suo motu cognizance of this most third rated merciless discrimination and hold Centre accountable for it! Why only five elite States – Maharashtra, Karnataka, Madhya Pradesh, Assam and West Bengal have multiple High Court Benches and on what basis? Except Maharashtra, the population of all States which have multiple High Court Benches is less than even West UP and still deprived from having even a single High Court Bench not even a Circuit Bench! What is happening in our country?

Why is Centre also so infatuated with only few elite five States being granted multiple High Court Benches and on what basis? Why other States are being overlooked for having multiple High Court Benches? Why is Apex Court also never taking Centre to task for such an open discrimination that has been perpetrated in judiciary itself?

The Aurangabad Bench of Bombay High Court has jurisdiction now over just nine districts and initially just seven : Ahmednagar, Aurangabad, Beed, Dhule, Jalna, Jalgaon, Latur, Nanded, Osmanabad and Parbhani and when created the number of districts were even less than now just seven! 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 culminating in partition of Uttar Pradesh 25 years ago! Also, the Nagpur Bench of Bombay High Court has territorial jurisdiction over just ten districts of Nagpur, Akola, Amravati, Bhandara, Buldhana, Chandrapur, Gadchiroli, Gondia, Wardha and Yavatmal. Panaji Bench of Bombay High Court has jurisdiction over mere two districts – North Goa and South Goa. The Andhra Pradesh High Court Bench at Kurnool has jurisdiction over just eight districts of Rayalaseema. The Gwalior Bench of Madhya Pradesh (MP) High Court covers only 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 only 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 just 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 just 8 districts of Bagalkot, Dharwad, Bellary, Belgaum, Gadag, Haveri, Uttara Kannada (Karwar) and Koppal districts.

It goes without saying that how much discrimination Centre is perpetrating most ruthlessly and most mercilessly is quite palpable from the most irrefutable fact that the total population of Karnataka is just 6 crore and it has separate High Court and multiple High Court Benches just like Assam with just 4 crore people and Madhya Pradesh with just 7 crore people and West UP with more than 10 crore people is being denied even a single High Court Circuit Bench! The population of Maharashtra is less than half of Uttar Pradesh’s population yet has so many High Court Benches! It is known all too well that Dr BR Ambedkar who is the key architect of Constitution had himself recommended separate Statehood itself for West UP and separate High Court and so also Justice Jaswant Singh Commission appointed by Centre itself had had recommended a separate High Court Bench for West UP only to be dumped by Centre in the nearest backyard without any remorse or regret and without assigning any credible reason!

It must be also asked: 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? Who is really master minding such an atrocious, authoritarian, arbitrary, abysmal and arrogant, dastardly, dangerous third-rated discrimination between different States and different regions like we see in UP it is only Eastern UP which has both High Court at Allahabad and a High Court Bench in Lucknow? So also, Andhra Pradesh with just 7 crore population was partitioned in 2014 and Andhra Pradesh left with just 4 crore people who has created High Court Bench in Kurnool and High Court in Amaravati and one more at Vishakhapatnam is under consideration and Telangana with just 3 crore people with High Court at Hyderabad! But West UP with more than 10 crore people and owing for majority of pending cases of Allahabad High Court is being denied even a Circuit Bench for so long!

It is jaw dropping to note how irrationally Centre has deprived West UP from having even a single Bench not even a Circuit Bench! Let’s face it: West UP deserved High Court Bench since 1947 but even as 2047 is approaching fast, we see till now no light in the tunnel which has turned out to be unending so far! Why can’t Centre come out of its comfort zone and take a bold decision in this regard? Centre has its task cut out and it now needs to act most promptly in this regard!

Bluntly put: Why Centre has a deep disdain for big States like UP and Rajasthan from having multiple High Court Benches and other big States like lawless Bihar and Orissa from having even a single Bench is most baffling and truly incomprehensible indeed? What is definitely very rightly being increasingly called into question is Centre’s most partial approach on this key issue which is most gut wrenching to see because even Apex Court has not done anything tangible on this score and this is what I find most troubling which makes for most depressing reading and depicts the sorry state of affairs in our country!

Of course, what is going on in India since last about 80 years in distribution of High Courts and High Court Benches and High Court Circuit Benches in different States and different regions does not represent by any reckoning a true democratic system rather it symbolizes horrendous dictatorship of the highest order worst than what even Hitler did without being held accountable in any manner as we saw when hilly areas of undivided UP for whom Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself had recommended two High Court Circuit Benches in Dehradun and Nainital in early 1980s yet not one created and when people agitated with many sacrificing their invaluable lives then the same Centre bestowed not just separate Statehood itself but separate High Court and separate Capital also and no Punjab and Haryana formula of same High Court and same Capital! Does Centre want this to happen in West UP also as Justice Jaswant Singh Commission recommended permanent seat of High Court Bench in West UP yet not even a single High Court Circuit Bench created even though on its recommendations High Court Benches were created in other States like Maharashtra at Aurangabad which already had multiple High Court Benches? Why Supreme Court kept a deafening silence on non implementation of Justice Jaswant Singh Commission report? Even Mayawati herself as Chief Minister had recommended creation of West UP as separate State to be named “Harit Pradesh” just like DR BR Ambedkar which is all on record!

Why is Centre so rigid in not allowing even a single Bench in any place other than at Lucknow created when Jawaharlal Nehru was PM in July 1948 where it was just not needed at all as it is so close to Allahabad High Court? To borrow JL Nehru’s words himself, “Anything rigid and permanent stops the nation’s growth.” How can Centre ever dare to gloss over or discard what Nehru had himself said so plainly? It merits just no reiteration that too much rigidity ossify into permanent obstacles.

By all accounts, the creation of a High Court Bench in West UP, Bihar, Rajasthan, Orissa and other needy regions and States will undoubtedly be a watershed moment when they will be created but till date when 100 years of independence is standing virtually at the doorsteps, Centre so far is still in just no mood to relent most astoundingly and we still see no end of the dark tunnel even after completion of nearly 80 years of independence for which Centre is squarely culpable! Let me reiterate: It is now high time that Centre immediately stops dishing most flimsy excuses for not creating a High Court Bench in big States like UP, Bihar, Rajasthan and Orissa on one pretext or the other! At the risk of repetition, it must be said that Centre cannot and should not put this most pressing issue in creation of High Court Benches in cold storage any longer affecting so many regions and States most spinelessly! Tersely put, it definitely brooks no more delay any longer now and must be definitely addressed at the earliest in true democratic spirit by creating High Court Benches in all those regions and States wherever they are incumbent for litigants to get justice at doorsteps!

To sum it up, Centre has to deliver now! How can Centre abdicate its constitutional duty to ensure that the worst discrimination that has been perpetrated in distribution of High Court Benches in different States and different regions is brought to an end altogether? How can Apex Court also refuse to take suo motu cognizance of it which directly pertains to judiciary itself? There is no doubt that our highest court has mostly always stood up for its citizens and upheld the Constitution. One fondly hopes that Apex Court will at least now boldly take suo motu cognizance of it at the earliest as it is a blatant violation of Article 14 of Constitution which envisages right to equality as a fundamental right yet most unfortunately on this count lies in tatters!