It is definitely a matter of utmost concern that none other than a Bench of Supreme Court comprising of Hon’ble CJI Mr Justice Sanjiv Khanna who led the Apex Court Bench and also comprising Hon’ble Mr Justice Sanjay Kumar and Hon’ble Mr Justice KV Viswanathan in a most learned judgment titled Debu Singh And Anr vs The State of Uttar Pradesh in SLP(Crl) No. 3620/2025 as recently as on April 7, 2025 has minced just no words to hold in no uncertain terms that, “This is wrong! What is happening in UP? Everyday civil suits are being converted to criminal cases. That’s not correct! That’s break down of rule of law completely!” Absolutely right! No denying!
If we jog our memory a little back, we can recall how even UN Secretary General Ban ki Moon had slammed UP as “rape and crime capital of India”! At first blush, even a layman can point out that which State in India needs multiple High Court Benches and which State needs maximum High Court Benches! Still we see that UP which is most populated State of India with maximum pending cases and Rajasthan which is largest State areawise have only one Bench at Lucknow and Jaipur and lawless Bihar has none! There cannot be ever a bigger tragedy than this that for 78 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 is that the litigants of 30 districts of West UP have been most atrociously 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 250 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 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! 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!
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? It has to be acknowledged with grace that denial of even a single High Court Bench to West UP is not only dangerous and deleterious but also most disastrous, most despicable and most discriminatory!
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? But yes I must concede and be on same page with eminent journalist Tavleen Singh who in her enlightening editorial titled “Investment needed in people” published in “The Sunday Express” newspaper dated March 16, 2025 points out and concedes that, “In fairness to Narendra Modi, it must be said that since he became Prime Minister the speed at which roads, ports, airports and other vital infrastructure is being built has been truly remarkable.” But in the same vein, I will hasten to add that why so miserliness when it comes to creating High Court Benches and why in last about 11 years in power, we see that not even a single High Court Bench has been created in any State? When will this draught on Bench end especially in UP, Bihar and Rajasthan?
Why Centre favours unjustified discrimination on this count? The most ticklish question is: Why Centre fails to display political will power to address this long pending issue? One has to say with extreme dismay that Centre has always tried to play safe and has not taken any interest nor demonstrated any political will in resolving this Bench issue prolonging it foolishly for nearly 80 years which is nothing but absolute stupidity of the highest order!
Huge pending cases in Allahabad High Court taken note recently even by Apex Court is inextricably linked to West UP being attached with it and not with even Lucknow and majority of cases are from West UP which all the more necessitates a separate High Court Bench but has not materialized most pathetically till date even though Justice Jaswant Singh Commission headed by former Supreme Court Judge recommended about 50 years ago a permanent Bench for West UP! Why is Centre in a quandary in such an “open and shut” case? For all practical purposes, there is no reason that why a High Court Bench cannot be created in West UP!
I just don’t buy the most rubbish argument that except Lucknow in Eastern UP so close to Allahabad High Court, no other city in UP is fit to be given even a single Bench! To recapitulate, we saw how Justice Jaswant Singh Commission recommended High Court Circuit Bench for Nainital and Dehradun about 50 years ago yet not created but when people agitated for separate State then we saw how Nainital which was earlier denied even a Circuit Bench till it formed part of UP became fit to have separate High Court on partition of UP in 2000 about 25 years ago when Uttarakhand came into existence as State! This is exactly what perception is all about!
How long will the unjustified monopoly of few regions and few States in distribution of High Court and High Court Benches continue unrestricted without any pragmatic reason to justify it? It is a no-brainer that the denial of even a single High Court Bench to West UP is plainly unconstitutional! Why no tremors ever felt even in Supreme Court over West UP having not even a single High Court Bench which takes suo motu cognizance in cheating in Mayor elections as we saw in Chandigarh Mayor elections? This is all the more most distressing because it directly concerns judiciary yet nothing done absolutely just nothing most astoundingly even by top court! If Supreme Court still tolerates this worst discrimination in judiciary itself then with what face can it fret, fume and fulminate over discrimination in other streams?
If the top court had ordered creation of two High Court Benches as recommended by Justice Jaswant Singh Commission for hilly areas of undivided UP perhaps UP would never have been partitioned but most unfortunately we did not see any suo motu cognizance being taken which was the most fit case in this earth! This alone explains why it is said that, “Supreme Court is final but is definitely not infallible!” Failure to act even now depriving West UP from having even a single Bench will slowly but surely and inexorably exacerbate the huge pending cases in UP till it explodes with nation bearing worst casualty as it is UP which is most populated State of India with maximum pending cases and not MP or Karnataka or Maharashtra or West Bengal or Assam!
Just recently, we saw acid was thrown in the most ghastly manner on woman lawyer in Moradabad in West UP right inside court premises! Many such horrific criminal acts clearly portrays how most unjustly Centre has been most complicit in depriving West UP from having even a single Bench which is plainly unconstitutional yet Supreme Court has been in hibernation on such a key issue for nearly 80 long years! This is the real tragedy!
It is a no-brainer that such gruesome incidents in West UP clearly depict the unpalatable truth which ruling elite never wants to confront candidly and honestly! What I find absolutely most inexplicable is that why only Eastern UP has both High Court and a single Bench so close to each other and nowhere else? It is as clear as broad day sunlight that which State of India needs more High Court Benches because it is UP which has maximum population and maximum pending cases and here too it is crystal clear that which part of UP needs more Benches as it is West UP which owes for majority of the pending cases of UP and yet has not even a single High Court Bench leave alone having High Court itself as ideally should be!
Why Centre has been so unscrupulous in denying West UP from having even a single High Court Bench? No senseless arguments no matter how carefully crafted by Centre can ever on earth justify the denial of even a single High Court Bench to West UP with more than 10 crores population which is more than majority of the States in India and so also owes for majority of pending cases of UP and is higher than the population of most of the States and still most perplexingly we see that there is not even a single Bench in West UP! It is fair to say for sure that Centre needs to do a lot more than what it is doing to resolve this long simmering issue!
It will be fairly right to say that Centre has taken this most pressing Bench issue in West UP for granted for far too long! One may very well ask: Why has Centre been holding to ransom and gambling with the most basic fundamental rights of litigants of West UP to get “affordable” and “speedy justice” and “justice at doorsteps” for nearly 80 long years on one flimsy ground or the other that cannot be ever justified by even CJI or any Justice of Supreme Court or High Court what to talk about others and playing merciless havoc with the litigants of 30 districts of West UP with more than 10 crore population so brazenly, brutally, blindly, boldly, biasedly and baselessly is for Centre to specify instead of behaving most arrogantly by refusing to see the clear writing on the wall which most adversely affects the poorest litigants and not Union Minister like Shivraj Singh who inspite of even travelling in aeroplane in air conditioners and not in second class seat get most agitated and complain of poor facility as we saw recently? Whose vested interests Centre is serving by denying West UP even a single High Court Bench?
It is really most reassuring to note that leaders of Opposition parties like Samajwadi Party and so also even of ruling BJP like BJP MLA Manju Siwach from Modinagar in West UP too recently demanded High Court Bench in West UP! RLD MLA Prasanna Kumar from Shamli pointed out in Vidhan Sabha recently that from Shamli the distance till Delhi is just 100 km and even Chandigarh is near but Allahabad High Court is 700 km and demanded High Court Bench in West UP! Umar Ali Khan who is MLA of Samajwadi Party from Behat in Saharanpur in West UP too demanded High Court Bench recently in Vidhan Sabha and pointed out that it is very difficult for people to travel all the way till Allahabad which is about 800 km away from Saharanpur to secure justice especially poor litigants! Former Union Minister and so also former Mumbai Police Commissioner Mr Satyapal Singh who is former BJP MP from Baghpat in 2016 demanded in Parliament 5 High Court Benches in Meerut, Agra, Gorakhpur, Varanasi and Jhansi in 2016 but Centre till date is not ready to create even one!
Even former PM late Mr Atal Bihari Vajpayee had raised this in Parliament in 1986 as Leader of Opposition and so also Mr Rajnath who is now Union Defence Minister and there are many such eminent galaxy of tall leaders like Mr Laxmikant Vajpayee of BJP who has been former party President of BJP in UP still we did not witness movement of even an inch forward on this key “open and shut” case! The creation of a Bench in West UP is the best antidote to all the huge problems faced by the litigants yet Centre is doing absolutely just nothing to ensure that a High Court Bench is created at the earliest on one pretext or the other which definitely cannot be ever justified under any circumstances! Why has plain logic taken a backseat in West UP being most mercilessly deprived from having even a single Bench is the best and clear indicator that there is certainly more to it than meets the eye?
What leaves me completely speechless and totally flabbergasted is to see how contemptuously Centre still dares to invent some lame excuse or the other to justify denial of a High Court Bench in West UP like sanction of Governor needed as we saw recently when Union Law Minister said that we have no problem with Bench in West UP which definitely cannot be justified by any person in his right senses under any circumstances as Justice Jaswant Singh Commission appointed by Centre itself nearly 50 years ago headed by former Supreme Court Judge recommended permanent seat in West UP at Agra yet not created till date! What complicates this long pending Bench issue in West UP is complete brazen, brutal, blind and baseless disregard of what Justice Jaswant Singh Commission so very commendably recommended of creating permanent High Court Bench in West UP only to be thrown in dustbin while creating High Court Bench in States like Maharashtra which already had multiple High Court Benches at Aurangabad as recommended in 1980s! Why Centre has degenerated to the extent that it keeps inventing one ludicrous ground or the other to most shamelessly justify without any rhyme or reason the creation of even a single High Court Bench for more than 10 crore people of 30 districts of West UP even though it is West UP which owes for majority of pending cases of UP as acknowledged by Justice Jaswant Singh Commission due to which it recommended creation of permanent Bench in West UP at Agra yet most astoundingly not created even after nearly 50 years most atrociously!
To be sure, the denial of even a single Bench to West UP stands as a testament to how shamelessly, sinisterly and surreptitiously Centre has discriminated against West UP even though it is West UP which owes for majority of pending cases of UP and contributes to more than 80% to State’s economy which definitely portrays Centre in poor spotlight for not doing anything worthwhile to address this long simmering issue for nearly 80 years! How can anyone on this earth ever deny that none other than late Mr Atal Bihari Vajpayee whose 100th birth anniversary was celebrated on December 25, 2024 all across the nation had in 1986 most forcefully demanded the setting up of a High Court Bench in West UP right inside Parliament as Leader of Opposition? In fact, Dr BR Ambedkar had most strongly batted for separate Statehood for West UP just like for Eastern UP and Central UP which is on record yet no action not even a single Bench created!
When two High Court Benches can be created for just 4 and 8 districts of Karnataka in 2008 at Dharwad and Gulbarga then why for 30 districts of West UP three or two or even one High Court Bench cannot be set up inspite of clear recommendations by Justice Jaswant Singh Commission who recommended maximum 3 High Court Benches for undivided UP yet not one created till date which culminated in people of hilly areas agitating for separate Statehood and now Uttarakhand has High Court itself at Nainital? Why has plain logic taken a backseat in West UP being most mercilessly deprived from having even a single Bench is the best and clear indicator that there is certainly more to it than meets the eye?
This is just not done and is outright most blatant partiality and cheating which even Supreme Court most lamentably has failed to take suo motu cognizance of while it spares no time in taking suo motu cognizance of cheating in a Mayor election as we saw in Chandigarh! This directly concerns judiciary itself yet we see no action taken on it! Eminent jurist and Supreme Court lawyer – Late Mr Fali Sam Nariman once very rightly said that, “What’s the use of our Constitution without liberal Judges?” Why is Centre so unaccountably stubborn on such a key issue of setting up a High Court Bench in West UP and why it keeps blaming Governor for not giving sanction who cannot be above Constitution nor can Chief Minister be nor can Chief Justice of Allahabad High Court be?
An even more bigger question is: For how long will Centre remain so hell bent in denying West UP even a single Bench which owes for maximum pending cases in any region of India? What knocks me off completely is to see how irrationally and most discriminatingly West UP has been deprived from having even a single High Court Bench in last nearly 80 years of independence! When High Court can be given for Uttarakhand for whom Justice Jaswant Singh Commission recommended just two Circuit Benches then why West UP for whom permanent seat of High Court Bench recommended yet not even a single Circuit Bench created till date? Where is Supreme Court sleeping and when it can single out discrimination in an election of Mayor in Chandigarh as we saw some time back then why on an issue directly concerning judiciary, it has never bothered to take any initiative in holding Centre and State of UP to account?
What message went out by complete astounding inaction of the Supreme Court on this count? It was that Supreme Court just like Centre favours this most sinister, senseless and shameless discrimination perpetrated against different States and different regions and has left everything on this directly concerning judiciary to Centre that it should have last word on it as held in November 2018 by the Bench led by the then CJI Mr Ranjan Gogoi while listening to a PIL filed by women lawyer KR Chitra and appreciating the dire need for a Bench but yet dismissing it leaving the ball in Centre’s court who since last nearly 80 years has been sleeping most comfortably on such a sensitive issue due to which lawyers of West UP have been agitating and going on strike every Saturday since last nearly 50 years yet to no avail and so also strike some times for even 6 months as in 2001 and in 2014-15 in my time in Meerut, what to talk about the past when lawyers even went on hunger strike in 1976 for more than a month! It is the livelihood of practising lawyers that gets affected most when they go on strike and it is the practising lawyers of West UP who are the driving force behind such sacred agitation for the benefit of the litigants and it is for litigants that they want a High Court Bench in West UP which Centre is overzealous to deny on one flimsy ground or other which is definitely most condemnable! Most disgusting and most degrading indeed!
Succinctly put, this long lingering key issue needs to be addressed at the earliest! How long will Centre remain wedded to the most historical blunder of allowing only one Bench so close to Allahabad at Lucknow? How long will Supreme Court keep questioning law and order situation in UP but never order more High Court Benches in UP even though this key issue directly concerns judiciary and will go a long way in bringing the number of pending cases down and in ensuring “justice at doorsteps” for the litigants of West UP?
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