Urgent Need for High Court Benches in Western Uttar Pradesh

The Urgent Need for High Court Benches in Western Uttar Pradesh: A Fitting Tribute to Mahatma Gandhi

Introduction:

On the 154th birth anniversary of Mahatma Gandhi, it is not only an occasion to celebrate his wisdom and values but also an opportunity to reflect upon the injustices that continue to plague our society. One such glaring injustice is the absence of High Court Benches in Western Uttar Pradesh (UP). This article delves into the historical background of the issue, the overwhelming number of pending cases, the challenges faced by litigants, and the urgent need for reform. It calls upon the central government to rectify this situation as a befitting tribute to the Mahatma’s legacy of equality and justice.

The Historical Injustice:

In the annals of India’s history, few events loom as large as the tragic partition of the country along religious lines. While this colossal injustice to Mahatma Gandhi’s vision is well-documented, there exists another, less-explored yet equally significant historical injustice that continues to cast a long shadow over the state of Uttar Pradesh. This injustice stems from the decision made by the central government in July 1948 to establish just one High Court Bench for the entirety of undivided Uttar Pradesh, located in the city of Lucknow.

This seemingly arbitrary decision, born out of the exigencies of the time, has had far-reaching implications, particularly for the people of Western Uttar Pradesh. The creation of only one High Court Bench, nestled in Lucknow, disregarded the practicality of providing accessible justice to a vast populace, especially those residing in the western regions of the state.

As India embarked on its journey towards independence and nationhood, it was imperative to establish a robust judicial system that could cater to the legal needs of its diverse citizenry. The creation of High Court Benches was seen as a crucial step in this direction. However, the central government’s decision to concentrate this judicial power in Lucknow, with no corresponding Bench in the western regions, inadvertently sowed the seeds of a profound injustice.

This injustice became palpable in the lives of countless individuals seeking legal redress. For those residing in Western Uttar Pradesh, securing justice meant embarking on arduous journeys, often spanning hundreds of kilometers, to reach the High Court Bench in Allahabad. The sheer distance, combined with the challenging terrain, imposed an unbearable burden on litigants. Their pursuit of justice was marred by the physical, emotional, and financial tolls exacted by this unjust geographical divide.

The people of Western Uttar Pradesh found themselves navigating a labyrinthine legal system that, rather than serving their interests, seemed determined to thwart them at every turn. This glaring disparity in access to justice not only perpetuated social and economic inequality but also ran contrary to the very ideals that Mahatma Gandhi tirelessly championed throughout his life.

While the partition of India remains a vivid symbol of injustice, the less-celebrated injustice of neglecting the establishment of High Court Benches in Western Uttar Pradesh stands as a testament to the systemic challenges that continue to plague the Indian legal system. In the quest for justice, it is imperative to acknowledge and rectify historical wrongs such as these. Only by addressing these deep-seated issues can we hope to realize Mahatma Gandhi’s vision of a just and equitable society for all.

The Pervasive Issue: Pending Cases and Distance:

Uttar Pradesh is India’s most populous state, with a population exceeding 25 crore. It has 75 districts, 80 parliamentary constituencies, 80 Members of Parliament (MPs), and more than 404 Members of the Legislative Assembly (MLAs). Despite these staggering numbers, the state has only one High Court Bench, located in Lucknow.

The repercussions of this decision are acutely felt by the people of Western UP, who account for more than half of the pending cases in the state. The impracticality of litigants having to travel approximately 230 kilometers from Western UP to Allahabad for justice is glaring. The situation becomes even more problematic when considering the region’s poor infrastructure and connectivity.

West UP: A Region Neglected:

Western Uttar Pradesh, with its 30 districts, sprawling over an extensive landmass of 98,933 square kilometers, comprises a significant portion, approximately 33.61 percent, of Uttar Pradesh’s total land area. This region, distinguished by its size, population, and the sheer volume of pending legal cases, is nonetheless conspicuously devoid of a High Court Bench. Such a glaring omission not only defies logic but also challenges the very principles of justice and equality that Mahatma Gandhi ardently upheld throughout his lifetime.

It is deeply disheartening to acknowledge that the legal fraternity in Western Uttar Pradesh has been compelled to resort to prolonged strikes spanning several months, persistently demanding the establishment of a High Court Bench in their region. These fervent appeals, made with utmost sincerity and driven by the dire need for accessible justice, have fallen on deaf ears. The central government’s continued indifference to this pressing issue has left millions of residents in Western UP bereft of convenient access to the legal system.

Comparative Analysis:

A closer examination of this situation, juxtaposed with the treatment of other states, underscores the glaring disparities that persist. Take, for example, the case of Karnataka, a relatively peaceful state with a population of around 6 crore. Despite experiencing significantly fewer legal challenges, Karnataka boasts multiple High Court Benches. In 2008, two additional Benches were established in Dharwad and Gulbarga, each serving a mere 4 and 8 districts, respectively.

In stark contrast, Western Uttar Pradesh, burdened by a population exceeding 10 crore and encompassing 30 districts, has been unjustly denied even a solitary High Court Bench. This stark inequity is a blemish on the principles of justice and fairness that the Indian legal system should embody.

The divergence in treatment between regions like Western UP and states like Karnataka is emblematic of a larger issue that warrants immediate attention. It underscores the pressing need for the central government to reevaluate and rectify this historical neglect, aligning its actions with the principles championed by Mahatma Gandhi and ensuring that justice is truly accessible to all, regardless of geography or circumstance. Only by addressing this disparity can India move closer to fulfilling its promise of equitable justice for all its citizens.

Justice Denied: Murder of Darvesh Yadav:

The absence of a High Court Bench in Western UP is not just a matter of inconvenience; it has real-life consequences. The murder of Darvesh Yadav, the first woman to be appointed as the Chairman of the UP Bar Council, serves as a stark reminder of the risks lawyers and litigants face due to the lack of a Bench. Darvesh Yadav was murdered in cold blood in court premises in Agra on June 12, 2019. Her tragic death underscores the vulnerability of those seeking justice in Western UP.

The Urgent Need for Reform:

The creation of a High Court Bench in Western UP is not a matter of convenience but a matter of justice and constitutional rights. It would bring about a transformative change in the criminal justice delivery system, making justice more accessible, efficient, and responsive to the needs of the people.

The central problem lies in the central government’s unwillingness to address this issue despite numerous protests and demands. It is imperative that the central government amend the decision made in 1948 and rectify this historical injustice.

The Role of the Supreme Court:

The Supreme Court of India, as the guardian of justice and the Constitution, must intervene in this matter. It should recognize that the denial of a High Court Bench in Western UP is a violation of Article 14 of the Constitution, which promises equality before the law.

The Supreme Court should not shy away from questioning why a highly populated state like Uttar Pradesh, with a staggering number of pending cases, has only one Bench while states with fewer cases and lower populations have multiple Benches. It should demand a just and equitable distribution of High Court Benches in the country.

Conclusion:

On the 154th birth anniversary of Mahatma Gandhi, it is essential to honor his legacy by addressing the glaring injustice of the absence of a High Court Bench in Western UP. It is a travesty of justice that millions of people have to endure hardship and inconvenience to seek justice due to the central government’s failure to rectify this situation.

Creating a High Court Bench in Western UP is not just a matter of administrative convenience; it is a matter of upholding the principles of justice and equality that Gandhiji championed throughout his life. The central government must recognize the urgency of this issue and act swiftly to rectify the historical injustice.

The Supreme Court, as the custodian of justice, should take suo motu cognizance of this issue and demand a fair and equitable distribution of High Court Benches across the country. It is time to ensure that justice is not just a distant dream but a tangible reality for the people of Western UP and other underserved regions in the country.

Creating High Court Benches in needy states like Uttar Pradesh, Bihar, and West UP should be seen as a befitting tribute to Mahatma Gandhi’s vision of equality and justice for all, irrespective of their geographical location. It is a call for justice that cannot be ignored any longer.

*****

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