I am in tears of joy to note that finally after an excruciatingly long wait of nearly 80 years of independence, we see that the Supreme Court as reported in the prestigious ‘Bar and Bench’ web portal while hearing a leading and latest case titled Kamla Bai vs Allahabad High Court and Ors on February 3 has finally woken up to take note of the heavy case pendency before the Allahabad High Court and observed without mincing any words whatsoever that immediate steps need to be taken to fill the vacant Judge posts. It may be recalled that this same prestigious web portal ‘Bar and Bench’ had published an enlightening article by Ms Ratna Singh highlighting that the Allahabad High Court was functioning at just under 50% of its sanctioned strength of 160 with only 79 Judges (including the Chief Justice) hearing cases. It was pointed out that despite the alarming pendency of 11,41,687 cases before the High Court as of January 1, 2025 which is also the highest in the country, not much has been done to fill these vacancies on a war footing. When we see no MP or MLA seat lying vacant even though many of them create ruckus in State Assembly and even Parliament then why we see majority of the vacancies of Judges who are much more disciplined lying vacant in nearly most of the States in India with UP faring very poorly on this count as conceded even by the top court?
It is definitely a matter of profound concern that a Bench of Apex Court comprising of Hon’ble Mr Justice JB Pardiwala and Hon’ble Mr Justice R Mahadevan noted that each Judge of the Allahabad High Court was tasked with deciding about 15-20 thousand cases while the High Court continues working at half capacity. The Bench also observed that, “It appears that the High Court of Allahabad is flooded with litigation.” The Bench made this key observation while dealing with a plea that had been filed by a 95-year-old litigant whose case had remained pending before the Allahabad High Court for a long time. She had moved the Apex Court seeking directions to the High Court so that her second appeal in a civil case was heard at the earliest. The Bench clearly opined that it cannot adopt a “pick and choose” policy to direct an out-of-turn hearing for one case, when the Allahabad High Court was already flooded with litigation. It was also noted by the Bench that there may be many such cases lying in “pathetic condition”.
Hon’ble Mr Justice JB Pardiwala also further added that, “In last one month, we have come across many petitions whose proceedings have been pending before Allahabad High Court since three decades…It appears that the High Court of Allahabad is flooded with litigation. We are informed each Judge is with 15-20 thousand cases. The High Court is working with (79) Judges; that means it has vacancy of 50 percent. Litigants are waiting…The only way out is to take steps to fill up vacancies, recommending candidates on merit.”
With due respect to Supreme Court, I would further add that UP must have multiple High Court Benches if not maximum and ideally it should have maximum as it so richly deserves also but most brutally has been most unfairly deprived of the same! How terrible that Allahabad High Court is the biggest High Court not just in Asia but in whole world and still more than half of its vacancies are lying vacant. Not just this only, we see that some few elite States like Karnataka, MP, Maharashtra, Karnataka, West Bengal and Assam have multiple High Court Benches but Allahabad High Court has just one Bench only most atrociously created about 77 years ago so close at Lucknow and nowhere else and worst of all, the litigants of 30 districts of West UP attached with not Lucknow but with Allahabad which has only served to increase hugely the backload of pending cases in Allahabad High Court very much as majority of the pending cases are from 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 during election rallies, maximum districts – 75, maximum constituencies – 80, maximum MPs – 80, maximum MLAs – 404, maximum PM including Narendra Modi who represents Varanasi as an MP, maximum pending cases – more than 10 lakh and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57% and now after so many decades the percentage of pending cases in West UP has gone substantially much higher, maximum cases in lower courts about to touch 1 crore, maximum Judges both in High Court – 160 and also in lower courts, maximum vacancies of Judges both in High Court and also in lower courts, maximum members in UP Bar Council more than 1 lakh and which is also the largest Bar Council in the world as claimed in the website itself of UP Bar Council yet the former Chairman of UP Bar Council – Darvesh Yadav who was the first woman to get appointed to this post was murdered cold blooded right in court premises in Agra which is again in West UP on June 12, 2019 by pumping bullets on her head and stomach, maximum poverty, maximum villages more than one lakh the exact number being 107040, maximum gram panchayats at 74626, maximum fake encounters killings, maximum custody killings, maximum dowry cases, maximum bride burning cases, maximum cases of human rights violations, maximum robberies, maximum dacoities, maximum cases of crime, loot, arson and riots and here too West UP tops with Saharanpur riots, Meerut riots, Muzaffarnagar riots tarnishing our international reputation to the extent that former UN Secretary General Ban ki Moon termed UP as “crime and rape capital” of India and just recently we see Bahraich and most recently in Sambhal which is again in West UP coming in news for communal disturbances, maximum undertrials in all age groups and what not yet Centre till now in February 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? Area of West UP is 98,933 square km and accounts for 33.61 percent of total area of UP and has 26 districts yet no bench but Lucknow with just 62,363 square km and 12 districts has a Bench! Allahabad High Court is biggest High Court in whole of Asia and many say in whole world and also is one of oldest High Court and UP Bar Council has maximum members in whole world yet has least Bench just one only and that too so very near to Allahabad which is nothing but most senseless, shameless and stupid decision perpetuated since independence and not rectified till now! There is a political predicament that is only serving to complicate this Bench issue from being addressed effectively!
It must definitely be asked: When Centre in 2008 can create two High Court Benches for Karnataka which has just 6 crore population for just 4 and 8 districts only at Dharwad and Gulbarga respectively then why for 30 districts with 10 crore population West UP cannot have five or six High Court Benches as maximum number of pending cases are from West UP? Why litigants of West UP have to travel whole night and half day all the way to Allahabad? Area of West UP is 98,933 square km and accounts for 33.61 percent of total area of UP and has 26 districts yet no bench but Lucknow with just 62,363 square km and 12 districts has a Bench since 1948!
We all know that for just 3 crore people of Telangana Centre approved separate High Court and separate Capital and Statehood on June 2, 2014 just like for Andhra Pradesh with population of just 4 crores by partitioning Andhra Pradesh just like Chhattisgarh was created by partitioning Madhya Pradesh in November 2000 even though population of Madhya Pradesh and Chhattisgarh combined is less than West UP alone! Now we hear that Andhra Pradesh State Assembly has approved a High Court Bench in Kurnool also! But most shockingly for West UP with more than 10 crores people we see that not even a High Court Bench is approved by Centre which leaves me completely speechless! Why the hell on earth Supreme Court has been so tolerant to this open most worst form of merciless discrimination in the distribution of High Court Benches in different States? Why lawless Bihar has not even a single High Court Bench and so also West UP which owes for majority of cases of UP?
It must be asked: Why the 230th Report of Law Commission of India prepared under aegis of former Supreme Court Judge Late Dr AR Lakshmanan and eminent legal experts which most strongly recommended creation of more High Court Benches in States more than 15 years ago is still gathering dust remains the unsolved biggest puzzle on earth till date? Why States like Maharashtra treated like a king that inspite of it having multiple High Court Benches at Nagpur and Panaji was given one more at Aurangabad in early 1980s as recommended by Justice Jaswant Singh Commission but West UP deprived from having even a single Circuit Bench leave alone permanent Bench even though Maharashtra tops in the Justice Index Ranking State List for being most peaceful State but UP slammed by former UN Secretary General Ban ki Moon as “rape and crime capital of India” yet still treated like a beggar and deprived from even a single Bench even though maximum Benches – 3 recommended for undivided UP with two Circuit Benches at Dehradun and Nainital and one Permanent Bench at Agra in West UP which also owes for majority of pending cases of UP yet not one created in last more than 50 years? Is it not the biggest mystery on earth? You decide! Uttarakhand would never have been partitioned if Centre had allowed two Benches as recommended for hilly areas of erstwhile undivided UP! Is Centre now waiting for West UP to tread on same line as Uttarakhand by not allowing even a single Bench on one pretext or the other?
The most puzzling question here is: Who is responsible for this most arbitrary, atrocious, whimsical and chaotic decision that mercilessly trampled the most legitimate and compelling right of the people of West UP and hilly areas of undivided UP to have “justice at doorsteps” by creation of a High Court Bench? Is it Allahabad High Court? Is it Supreme Court? Is it Centre? Is it Parliament? Is it Chief Justice of Allahabad High Court? Is it the CM Yogi Adityanath who himself in January 2024 had recommended High Court Bench to Allahabad High Court but withdrew it the very next day? Is it Governor? Is it CJI? This responsibility must be fixed because denial of even a single Bench to West UP cannot be ever justified! By the way, Yogi Adityananth 26 years ago had demanded Bench in Gorakhpur right inside Parliament and in 2015 even presented a Private Member Bill for it in Parliament! Still in last 77 years not a single Bench created other than the one at Lucknow since July 1948!
Whoever is responsible for it has definitely violated the sanctity of what our Constitution stands for and what Preamble stands for which begins with “We, the people of India”! It has not helped matters that even the top court has been watching everything like a passive and powerless spectator with a most deafening silence for nearly 80 long years! Most bewilderingly, even most of our national media and national newspapers and so also news channels in particular rarely bother to even discuss it neither on UP nor even in lawless Bihar which most atrociously and so also most horribly West UP!
One is totally clueless on the rationale behind denying West UP even a single Bench inspite of owing for majority of pending cases of UP! Abolish all the high court benches in India if West UP cannot be given bench because West UP which owes for majority of pending cases not just in Uttar Pradesh but even in any other region of India and in any other State also and Centre till date is dead determined never to allow even a single Bench in any nook and corner of Uttar Pradesh other than the one so near to Allahabad at Lucknow in Eastern UP and worst of all attached 30 districts of West UP with not even Lucknow but with Allahabad which is 230 km away from even Lucknow due to which litigants of West UP have to travel 700 to 800 km on average all the way whole night and half day till Allahabad to seek justice which in itself is the biggest betrayal and biggest murder of Constitution and justice as it throttles the basic right of litigants of West UP especially those who are poor and can’t afford to travel by plane to get “justice at doorsteps”! But no one in power in Centre really cares about it! This is the real rub!
The point that I am trying to put across is: How long will West UP be deprived from having even a single Bench? Criticism of Centre for depriving West UP from having even a single High Court Bench on one pretext or the other is not entirely misplaced! Plainly speaking, there has been no democratic procedure followed in distribution of High Court Benches in different States which alone explains why Rajasthan which is largest State area wise and UP which has maximum population with maximum pending cases among all States both have just one High Court Bench and lawless Bihar has none just like West UP which owes for majority for pending cases of UP in Allahabad High Court for whom Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself had recommended a High Court Bench in West UP at Agra yet not created even nearly 50 years later in 2025! Most pathetic, most disgusting and most shocking indeed!
By all accounts, UP must be treated as “primus inter pares” which means first among equals! But the most unfortunate part is that UP, lawless Bihar and Rajasthan are placed in the last row by depriving them from having multiple High Court Benches most chillingly with West UP and Bihar having none and PM and CJI watching like a helpless, hapless and hopeless spectator! I am most astounded, ashamed, appalled and aghast at how much ruthless temerity Centre has demonstrated in bulldozing the most legitimate demand for a High Court Bench in West UP, Purvanchal, Bundelkhand and lawless Bihar!
Which country on earth will act so shamelessly, senselessly and stupidly like India to deprive the most populated State of India that is Uttar Pradesh (UP) from having not just maximum but not even from having multiple High Court Benches which owes for maximum number of pending cases among all the States in India and here too adding salt to wound has further ensured that only one particular region that is Eastern UP alone has both High Court and so also Capital and so also single High Court Bench and rubbing salt on the wounds of the people of West UP attached litigants of West UP with not Lucknow but right uptill Allahabad to seek justice which in itself is definitely the biggest betrayal of justice and Constitution? This despite the irrefutable fact that it is West UP which owes for majority of pending cases of UP which is also the highest in any region of India which has left me completely speechless, shocked, stunned and shattered to the hilt! The argument that West UP cannot be given even a single High Court Bench deserves to be rejected in its entirety. I am a complete loss to comprehend that what is the raison d’être of Centre denying West UP even a single Bench even though majority of cases are from West UP in both High Court and in lower courts?
It merits questioning: How can Apex Court gloss over the time tested dictum that, “Injustice anywhere is a threat to justice everywhere?” Why Apex Court never dares to take suo motu cognizance of this open cheating and blatant discrimination defies logic and is truly incomprehensible raising a big question mark on its firm commitment to equality as envisaged in Article 14 of Constitution? What I find most jaw-dropping to note is that this denial of a High Court Bench to West UP is despite the irrefutable fact that it is West UP which owes for majority of pending cases of UP and ideally High Court itself should be transferred to West UP as it is intending to do in Assam, Uttarakhand, Kerala and Andhra Pradesh but leave alone transferring High Court, we see that Centre is just not at all prepared to create even a single High Court Bench as recommended by Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself nearly 50 years ago and even though its recommendations have been implemented in Maharashtra by creating Bench in Aurangabad which already had High Court Benches in Nagpur and Panaji and so also for West Bengal at Jalpaiguri which already had a Bench in Port Blair and so also at Madurai in Tamil Nadu but not a single for UP for which maximum three Benches were recommended with permanent Bench at Agra in West UP yet not even a single Bench approved for West UP as was recommended!
What makes my blood boil the most is that Centre since last 78 years has treated UP, lawless Bihar and Rajasthan in most ruthless manner by giving them either one Bench or not even a single like Bihar which is most deplorable! It is truly most incomprehensible that why Centre took no time in 2014 to approve both High Court and Capital for Telangana with just 3 crore people but not a single High Court Bench for West UP with more than 10 crores people even eleven years later in 2025! How can Centre discriminate so ruthlessly with impunity and yet our Supreme Court most shockingly never says a word on it! This must change now! The earlier, the better!
It is definitely most striking, shocking and saddening to see that even after more than 78 years of independence we still see that no party ruling in Centre has ever cared for the endless woes of the litigants of West UP which they have been facing due to the most despicable, dastardly and derisive stand of Centre to not allow even a single High Court Bench in whole of West UP or even in whole of UP even though former Mumbai Commissioner of Police and former Union Cabinet Minister in PM Narendra Modi’s regime Dr Satyapal Singh very strongly pitched his voice right inside Parliament a few years back in 2016 in support of two High Court Benches for West UP at Meerut and Agra and in addition also demanded High Court Bench in Varanasi, Gorakhpur and Jhansi! As if this was not enough, former PM late Mr Atal Bihari Vajpayee himself demanded High Court Bench for West UP at Meerut in 1986 as Opposition Leader in Parliament and still till now with 2025 about to begin in few days time we see no High Court Bench set up anywhere not just in West UP but in whole of UP except the one at Lucknow created way back in 1948 so near to Allahabad where High Court is located where it was just not needed at all! Centre’s firm determination to help the “poorest of the poor” litigants can come to fruition only by the creation of more High Court Bench in needy regions like West UP, Purvanchal and Bundelkhand where not a single Bench created in last nearly 80 years!
It was on auspicious November 26, 1949 that Constitution was prepared by eminent jurists and experts under Chairmanship of Dr BR Ambedkar who is the key architect to ensure equality, liberty, justice and secularism without any discrimination on any ground whatsoever! Why Centre in last nearly 80 years has bulldozed what Dr BR Ambedkar so fervently pitched for in granting separate Statehood for Western, Central and Eastern UP yet we see not even a single High Court Bench being created in Western or Central part what to talk about High Court for West UP which owes for majority of the cases of UP! At this juncture, it would be material to note that justice and truth can be ensured only if there is a level playing field.
Why is it ignored that even legal giants like Ram Jethmalani, Soli J Sorabjee, Kapil Sibal etc have time and again reiterated the dire need for setting up a high court bench in West UP? Why is it ignored that Soli J Sorabjee as Attorney General had said in 2001 that, “Centre can create a High Court Bench in West UP without any recommendation from the State Government or the Chief Justice.” Why is it ignored that even former Supreme Court Bar Association President BN Krishnamani had said that, “Only by the creation of a high court bench in West UP will the people living there get real and effective justice. It should not be denied to them rather should be given at the earliest.”
Why is it conveniently ignored that incumbent President of Supreme Court Bar Association Kapil Sibal had recommended for High Court Bench in West UP at Meerut when he was Union Law Minister in UPA regime? Why is it ignored that former UP CM Sampoornanand recommended a High Court Bench for West UP in 1955 at Meerut but Centre overruled him? I am hard pressed to wonder and just can’t visualize that why Centre is behaving so helplessly in setting up a High Court Bench in West UP?
The moot question here is: Why has merit been allowed to become the worst casualty in allotment of High Court Benches in different States? Why Apex Court has never intervened on such a most pressing issue which directly concerns the judiciary itself is the biggest conundrum that still remains unaddressed? Fact is, West UP should have been given a Bench way back in 1947 or 1948 but what we witnessed on ground was that Allahabad which had High Court in Eastern UP since centuries was allotted Bench also at Lucknow so near to Allahabad in 1948 more than 76 years ago and nowhere else even though majority of pending cases are from West UP which also contributes more than 75% to State’s economy yet accorded most step-motherly treatment by being deprived from having even a single Bench which makes a complete sham of our democracy as equality in distribution of High Court Benches even in different regions of the same State has been flouted so openly as we see in UP where Eastern UP alone enjoys the unfettered monopoly of having both High Court and a single Bench so very near to each other which is completely antithetical to the very concept of equality as enshrined in Article 14 of Constitution!
What is worse is that Centre did not do anything to ensure that a High Court Bench is created in West UP or any other region of UP other than East UP! What is even most worst is that even Supreme Court on such a critical issue directly concerning and affecting judiciary did not do anything at all to ensure that UP and especially West UP was not mercilessly discriminated against without any rhyme or reason on allotment of Bench! The whole world saw how Supreme Court got so angry when cheating took place in a Mayor election in Chandigarh but what baffles me most is why the same Supreme Court maintains a deafening silence when it comes to worst discrimination perpetrated against big States like UP and Rajasthan which both have only one and most disgracefully lawless Bihar has none just like West UP and nothing on earth can be more atrocious than this and still has gone completely unchecked, unnoticed and unattended by the top court for nearly 80 long years! Most disgusting indeed!
It is a no-brainer that which State needs more High Court Benches yet most unfortunately we see that Centre is just not at all prepared to see the clear writing on the wall nor is Apex Court prepared to ruffle the feathers of Centre on such a most pressing issue directly affecting the poorest litigants who become the worst casualty due to no Bench being created in needy regions like West UP, Purvanchal and Bundelkhand! One says this not with glee but with sorrow: Centre has never evinced any interest leave alone resolve in addressing this long pending issue since 1947 and Supreme Court too has not taken suo motu cognizance of it which is even more depressing to note!
Having said this, I must concede that Hon’ble Mr Justice AS Oka is absolutely right to remark that, “If a Judge goes by social media or media pressure, then what they will grant is moral conviction.” He also very rightly conceded that, “A judicial officer who enters the system is also a human being, and if he faces such repeated complaints, it is bound to affect him.” He referenced the statements that were made by West Bengal CM Mamata Banerjee regarding the RG Kar rape and murder case and explicitly observed that, “We have situations where a Chief Minister makes a statement that the accused will be hanged when investigation is underway. This puts some pressure on judicial officers.” This must definitely end now and political leaders and CM and PM must all refrain on commenting from any issue which is pending before any court so that Judges don’t feel pressurized to decide in a particular direction only! Judges also should not shy away from giving bold judgments like implementation of recommendations of Justice Jaswant Singh Commission about 50 years ago for a permanent seat of High Court Bench in West UP for which lawyers have been going on strike every Saturday since last about 45 years apart from so many other strikes like strike for even 6 months as in 2001 from July to December and so also for 6 months in 2014-15 and strike for a month or so many times which only serves to add to huge backlog of pending cases in Allahabad High Court. Even former CJI Mr Justice Ranjan Gogoi in November 2018 while hearing a PIL had conceded the dire need of Bench in West UP but left it to Centre to decide which has shown just no interest in addressing it! Supreme Court must now address this High Court Bench issue in West UP if it is really serious in ensuring that the huge backlog of pending cases in Allahabad High Court be brought down as was recommended by Justice Jaswant Singh Commission also yet not implemented most discriminatingly by Centre!
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