It is most atrocious to note that a courtesy call by the incumbent PM Mr Narendra Modi at the residence of incumbent CJI Dr Dhananjaya Yashwant Chandrachud on the occasion of Ganpati Puja in September 2024 had got embroiled in so much of unnecessary hype, hoopla and hullabaloo that was totally unwarranted and uncalled for! CJI Dr DY Chandrachud very rightly defended PM Modi’s visit saying rightly, robustly and rationally that there is a need for a “sense of maturity in political sphere” on such issues. There was a massive uproar following the visit of PM which dominated headlines in news channels, magazines and nearly in all print and social media which even baffled me!
We need to note here that while speaking at an ‘Indian Express’ newspaper event on November 4, 2024, the CJI Dr Dhananjaya Yashwant Chandrachud waxed eloquent and minced just no words to say most unambiguously that, “The PM visited my residence for Ganpati Puja. There is absolutely nothing wrong as these are continuing meetings between the judiciary and the executive even at social level. We meet at Rashtrapati Bhavan, Republic Day, etc.” What CJI is saying has a valid point. There can be just no denying or disputing it!
While shedding further light on the type of conversation that are made, the CJI Dr Chandrachud further said that, “We are in conversation with the Prime Minister and the Ministers. This conversation does not involve the cases which we decide but life and society in general.” It also must definitely be taken note that the CJI also very rightly specified saying that one had to respect that a dialogue took place as part of a robust inter-institutional mechanism and separation of powers between judiciary and the executive did not mean the two not meeting.
In hindsight, it may be recalled here that the video that was posted on X had depicted the CJI Dr DY Chandrachud and his wife Kalpana Das welcoming PM Mr Narendra Modi into their home just like any person would do if a guest came to their house. But the video that suddenly gained traction online with many people giving different reactions, it garnered all types of responses and many users had just no inhibition to express their serious concerns that the Prime Minister’s presence at the CJI’s residence can have deeper and far range implications when it comes to the moot question of impartiality in the judiciary. It must also be recalled here that the CJI Dr Chandrachud in October 2024 had himself sought to address the ongoing controversy that surrounded the PM Mr Narendra Modi’s visit to his home and was absolutely right in pointing out that there is maturity in Judges to not discuss any judicial matters during such visits.
While speaking at the Loksatta lecture series in Mumbai, we need to note further that the CJI Dr DY Chandrachud also further underscored saying emphatically that, “There is enough maturity among judges of constitutional courts and the heads of the executive to firmly keep aside judicial matters out of the purview of any discussion.” It is the detractors who keep raising baseless questions on such visits who definitely must pay heed to what the CJI has pointed out in simple, short and straightforward language! No denying or disputing it!
While adding more to it, the CJI Dr DY Chandrachud further minced just no words to state in no uncertain terms most unequivocally that, “People think there are deals being made, but that is not the case. This is part of the robust dialogue between different arms of the government. The work of all three arms is dedicated to the betterment of the nation.” Absolutely right!
It is definitely as clear as broad day sunlight that which State needs more High Court Benches and which State does not need even a single High Court Bench! But the most unpalatable truth is that neither any Chief Justice of India nor any Prime Minister of India till date has ever bothered to take any initiative in this regard in last nearly 80 years of independence to do anything substantial to correct the most biggest Himalayan blunder committed in 1948 by creating only one High Court Bench for the most populated State of India with maximum number of pending cases that is Uttar Pradesh at Lucknow so near to Allahabad and nowhere else and worst of all attached litigants of 30 districts of West UP with not even Lucknow which falls 230 km earlier but right uptill Allahabad to seek justice which in itself is the biggest betrayal of Constitution in India and justice as litigants of West UP have to travel whole night and half day averaging 700 to 800 km. Most unfortunate indeed!
But why neither the media nor the Opposition very forcefully raises it is truly incomprehensible! We must be open about it. We can’t change the system unless we talk openly about it. There is no point in pushing this under the carpet. It is nothing but plain stupidity and sheer absurdity of the highest order that West UP owing for majority of the cases of UP has not even a single Bench and Eastern UP alone has both High Court and a single Bench so near to each other!
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 to get “justice at doorsteps”! But no one in power in Centre really cares about it! This is the real rub!
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 astounded, ashamed, appalled and aghast at how much temerity Centre has demonstrated in bulldozing the most legitimate demand for a High Court Bench in West UP, Purvanchal, Bundelkhand and lawless Bihar!
It is very rightly pointed out by eminent and senior lawyer and so also former General Secretary of Meerut Bar – Mr Tarun Dhaka in his enlightening legal article titled “How Can It Happen That UP Has Least High Court Benches In India And West UP Has None” published most prominently in June 2015 issue of the prestigious All India Reporter (AIR) Law Journal explaining in detail which is a “Must Read Article” that how most openly Uttar Pradesh has been so wrongly discriminated in allotment of High Court Benches and worst of all how West UP has been deprived from having even a single High Court Bench even though it owes for majority of the pending cases of Uttar Pradesh as acknowledged by Justice Jaswant Singh Commission appointed nearly 50 years ago by Centre itself headed by former Supreme Court Judge due to which it recommended a permanent main Bench for West UP! It is absolutely mind blowing to see how the most populated State of India with maximum number of pending cases has been so chillingly, cunningly and callously discriminated against without any remorse when it comes to High Court Benches where there is just one at Lucknow so close to Allahabad where it was just not needed at all created way back in 1948 and in West UP, Purvanchal and Bundelkhand none just like in lawless Bihar where there is none! There has been a complete non-application of mind when it comes to the creation of High Court Benches in different regions and different States!
Coincidentally we see that incumbent PM Mr Narendra Modi is MP from Varanasi in UP and incumbent CJI Hon’ble Dr Dhananjaya Yashwant Chandrachud whose home State is Maharashtra which has maximum number of High Court Benches was Chief Justice of Allahabad High Court for nearly 3 years as he himself most proudly concedes. It was in his tenure as Chief Justice of Allahabad High Court in 2014-15 that lawyers of 22 districts of West UP under one banner went on strike for 6 months demanding High Court Bench just like it was done in 2001 and still nothing was done to resolve the deadlock! As CJI Hon’ble Dr DY Chandrachud is on verge of completing two years in CJI post on November 10, 2024 when he will retire finally, he must do something on it which is the biggest and blackest stain on his otherwise unblemished track record which even his worst critics admire though hesitatingly!
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! The incumbent UP CM Mr Yogi Adityananth himself more than 25 years ago demanded High Court Bench in Parliament for Gorakhpur and in 2015 even presented a Private Member Bill in Parliament for the same with tears in eyes! The former UP CM Ms Mayawati recommended partition of UP into few parts in 1995 with West UP to be created as a separate State to be named “Harit Pradesh” and she still affirms by it! But on ground we see not even a single High Court Bench approved even though incumbent CM Mr Yogi Adityanath recommended for a High Court Bench in West UP to Allahabad High Court in January 2024 only to be withdrawn the very next day for some undisclosed reasons! These are all bone chilling facts and they cannot be just swept beneath the carpet!
Let me put it this way: Why is Centre mutilating Article 14 of Constitution by denying West UP even a single Bench and equipping Eastern UP alone with both High Court and a Bench? Why Maharashtra tops in latest Justice Index Ranking States list and still has maximum Benches and UP even though figuring in bottom and owing for maximum cases still one Bench only? Why West UP owing for more than half of the total pending cases has no Bench? This is nothing but sheer subversion of Constitution itself and what it stands for!
What is worst is that even after 78 years we hardly notice any big change in Bench distribution and the 230th Report of Law Commission of India which recommended creation of more High Court Benches in States is still gathering dust after more than 14 years! Why even Apex Court not once in last 78 years has dared to take suo motu cognizance of it under Article 142 of Constitution is truly incomprehensible? Why not one Bench created in last 78 years in Uttar Pradesh which owes for maximum pending cases among all States and West UP owes for more than half of them yet no Bench?
The billion dollar question is: Why lawless Bihar has no High Court Bench? What is the point in denying West UP even a single Bench when it owes for more than half of the total pending cases of UP and High Court at Allahabad is so far about 700 km on average for which Justice Jaswant Singh Commission also recommended strongly a permanent Bench and a single Bench also in Eastern UP at Lucknow? This is most atrocious!
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