Centre Must Now Immediately Order Creation Of HC Bench In West UP

How long will Centre like a shameless mute spectator just keep watching the law and order situation in West UP from turning more and more lawless? How long will Centre overlook the repeated murder of lawyers in West UP? How long will Centre overlook that while it proudly ensured the creation of a High Court Bench in West Bengal at Jalpaiguri for just about 4 districts which already had a Bench at Port Blair for 3 lakh people living there as the Justice Jaswant Singh Commission headed by former Supreme Court Judge – Justice Jaswant Singh had recommended a high court bench there in mid 1970s but has taken no steps to create a high court bench in West UP as recommended very strongly by it for the more than 9 crore people living in more than 26 districts here?

How long will Centre overlook that many UP CM have in the past recommended that high court bench must be created in West UP at the earliest? How long will Centre overlook that it was Sampoornanand who had first recommended the creation of a high court bench in West UP at Meerut in 1955 after more than 100 elected representatives from West UP met him and apprised him of the need for the same? How long will Centre just admonish UP CM Yogi Adityanath that he cannot do anything on this just like it admonished him for placing 17 castes in SC list as it is the Parliament’s jurisdiction and State cannot on its own do so but itself will just do absolutely nothing to create a high court bench in West UP even as the law and order situation is turning from worse to worst and even though many of its elected MPs, Union Ministers like Defence Minister Rajnath Singh, Home Minister Amit Shah, Gen VK Singh, Sanjeev Baliyan and many other former Union Ministers also like Dr Mahesh Sharma, Satyapal Singh among others who have all spoken in one voice demanding the creation of a high court bench in West UP and have repeatedly raised this legitimate and crying demand in Parliament also?

It is a matter of greatest national shame that Uttar Pradesh which is the biggest state amongst all the states in India with maximum population at more than 22 crore as UP Chief Minister Yogi Adityanath and Prime Minister Narendra Modi keep proudly bragging about at public rallies time and again which is more than even that of Pakistan and many other countries, maximum MPs in Lok Sabha at 80, maximum MPs in Rajya Sabha at 31, maximum MLAs in Vidhan Sabha at 404, maximum MLAs in Vidhan Parishad at 100, maximum Judges at lower courts at more than 5000, maximum Judges in High Courts at 160, maximum pending cases in lower courts at more than 50 lakhs, maximum pending cases in high court at more than 10 lakh, maximum members in UP Bar Council which is more than one lakh which is the highest not just in India but in the whole world as is pointed out in the website of UP Bar Council itself, maximum elected representatives at all levels including villages like Sarpanch, maximum villages which is again more than one lakh, maximum tehsils, maximum Mayors, maximum constituencies at 80, maximum districts at 75, maximum poverty and what not yet has least high court benches in India – only one and that too just about 200 km away from Allahabad at Lucknow! What a shame that Jawaharlal Nehru had the great guts to create a high court bench in Lucknow on July 1, 1948 about 71 years ago which is just 200 km away from Allahabad where main high court is located but no PM had the guts to create a high court bench thousands of kilometers away at any of the 13 districts in hilly areas which now constitute a separate state called Uttarakhand and the people then numbering 88 lakh living there had to travel so far for more than 50 years after independence which led to resentment and agitation of a separate state and now it has a high court nor at any other district in UP!

Why is it that West UP which owes for more than 57% of the total pending cases of UP as acknowledged by the Justice Jaswant Singh Commission itself has not even a single bench of high court in any of the 26 districts? Why is it that the situation in West UP is so lawless which can be gauged from this that the newly elected Chairperson of UP Bar Council – Darvesh Singh Yadav was shot dead right inside court premises just three days after being elected just recently on June 12, 2019 yet West UP has not even a single bench of high court? Why is it that another lady advocate Kuljeet Kaur who was a Supreme Court lawyer and wife of a retired Army Officer has been found murdered in less than a month after UP Bar Council former Chairperson Darvesh Yadav’s murder right inside her house in Noida in West UP which prompted the Honorary Secretary of the Supreme Court Bar Association to write to UP CM seeking protection of live and properties of the advocates and to say that, “This murder exposes the serious slackness in law and order situation in Noida.”

Where is Noida located? It is in West UP where Centre for undisclosed reasons has been shamelessly opposing the creation of a bench in any of the 26 districts and the people living here are compelled to travel whole night all the way to Allahabad to attend court hearings as there is no bench here!

Why is it that the former UP High Court Chief Justice Dilip Babasaheb Bhosale who hails from Maharashtra in a heinous case involving rape of few women on national highway in Bulandshahr in West UP had rightly said as Chief Justice of Allahabad high Court that there is total lawlessness in UP as compared to Maharashtra where women can travel alone in night anywhere without any fear but still see the crowning irony that Maharashtra has 4 high court benches at Panaji, Nagpur, Aurangabad and latest at Kolhapur for just 6 districts but for UP just a single bench since 1948? When peaceful states like Maharashtra can get benches in no time then why Allahabad High Court in UP which has maximum pending cases in India has been denied its due share unfairly for such a long time?

Why the lawyers of more than 20 districts of West UP keep going on strike for last nearly 40 years from May 1981 till now every Saturday protesting the denial of bench but Centre does not deem it fit to even consider it most seriously? Why the lawyers of West UP even went on strike for 6 months in 2001 and earlier also several times similarly and not stopping here even went on strike for 3 months in 2014-15 also and for nearly a month every year time and again but still West UP has no bench? Why is it that litigants of West UP are compelled to travel more than 800 to 900 km away to Allahabad to attend cases as there is no high court bench in West UP yet CJI says nothing on it? Why even the repeated murder of lawyers, police officers and others fail to shake Centre to do anything on this score?

Why is it that West UP always remains in the news for wrong reasons for brutal crimes and still Centre never orders creation of a bench for it? Why is it that the population of West UP at more than 9 crore is more than all states except UP of which it is a part, Maharashtra and Bihar and here too areawise West UP at 98,933 square km is bigger than Bihar which has just 94,000 square km but still has not even a bench? What a crying shame that UP CM Yogi Adityanath government has the ability to bear Rs 36,000-crore for construction of 600 km Ganga Expressway for better connectivity of Allahabad with western districts of the state and which will be the longest expressway in the world but it can’t spare just a few crores for creating a high court bench in lawless West UP or at Bundelkhand or at any other deserving place so that people are not compelled to travel so far and waste huge money in doing so for various expenses like staying, travelling, etc as Centre is just not ready for it!

Why can’t Centre take serious steps to address this cancerous problem of law and order in UP root and branch by creating more benches here and not just resorting to baby steps, gimmickry and bandaid measures like reducing time limit to reach Delhi by about an hour or so by spending more than 20 crores on creating 14 lane national highways? Why can’t Centre direct UP government to immediately create a bench in West UP? Who is stopping Centre?

Who can deny that Allahabad High Court is the biggest high court not just in India but in whole of Asia yet has just one bench which is so close at Lucknow and is also one of the oldest high court which completed its 150 year of creation in 2016? Who can deny that Bar Council of UP has maximum members in whole world yet its former Chairperson Darvesh Yadav just within three days of being elected is brutally murdered right inside court premises by pumping three bullets on her? Who can deny that many senior lawyers in the past also have been brutally murdered not just in West UP but in other parts also as we saw in Basti?

Why is it that UP has just one bench and here too West UP which owes for more than half of pending cases has none? Why a single bench only for UP at Lucknow which is so close to Allahabad just about 200 km away and not anywhere else as in West UP where people have to travel about 700-800 km on an average all the way to Allahabad as there is no bench here? Why a bench for Lucknow since July 1, 1948 for just about 8 districts but no bench for West UP even in 2019 for 26 districts for more than 9 crore people living here which constitutes for nearly half of the population of UP? Can this be justified on any ground and under any circumstances? Certainly not!

If Lucknow is capital then so is Bhopal which has neither high court nor bench and same is true for Dispur which is capital of Assam, Bhubaneshwar which is capital of Odisha, Dehradun which is capital of Uttarakhand, Thiruvananthapuram which is capital of Kerala, Raipur which is capital of Chhattisgarh, etc! Allahabad High Court must get its due share as it has maximum pending cases, maximum Judges and what not yet has just one bench since 1947 till 2019 which is most shameful and most disgraceful! Allahabad High Court needs special care and not special neglect as most unfortunately we have been seeing till now!

It must have maximum benches in India and not minimum as most unfortunately we have been seeing since last 72 years! Centre’s adamant approach to not create any bench anywhere else in UP other than Lucknow is responsible for demand being raised for separate state as we see in Bundelkhand, West UP, Poorvanchal and other parts also! Centre can shamelessly create 2 more benches for a peaceful satte like Karnataka at Dharwad and Gulbarga for just 4 and 8 districts even though it had a bench already at Hubli also for just 6 crore people living there but for more than 9 crore people of West UP it is not ready to create even a single bench! Karnataka has just about 1 lakh pending cases still it has 3 benches but for UP which has more than 10 lakh pending cases and West UP alone which has more than 5 lakh pending cases it has none! Same is true for Assam and Maharashtra which have 4 benches even though their pending cases stand nowhere when compared to UP whom Ban ki moon who is former UN Secretary General had slammed as “rape and crime capital of India” and even West UP alone has more cases which is more than both the states put together!

Is this is what Article 14 which talks about right to equality stands for? Is Centre not making an open mockery of Article 14 of Indian Constitution? Are the people of West UP not entitled to get “speedy justice”, “justice at doorsteps” and “cheap justice” just like the people of Karnataka, Maharashtra, Assam etc?

Needless to say, Centre must clarify its stand and not maintain a conspicuous and deafening silence on it! Former Attorney General Soli J Sorabjee had clearly said in 2001 while he was Attorney General that, “Centre is fully empowered to create a bench in any of the districts in West UP without any recommendation from the Chief Justice or anyone else in this regard.” Former Supreme Court Bar Association Chairman Krishnamani had also said that, “Only by the creation of a high court bench in West UP will the people living here get real justice.”CJI Ranjan Gogoi while disposing of a petition on this filed by a lady advocate KL Chitra last year had appreciated the dire need for a bench in West UP but also had said that it is for Centre to decide on it!

How long will Centre take to decide it? Another 100 years or 200 years or 300 years or never? It must have the guts to at least specify its clear stand on this! Dr BR Ambedkar who is the founding father of Constitution wanted UP to be divided into 3 parts as it was very big but Centre decided not just to not divide UP but also not to allow any bench anywhere else other than in Lucknow for reasons it has never had the guts to disclose from 1947 till now even though it created 2, 3 and more benches for smaller states shamelessly which alone explains that it did not accept the historic recommendation of Justice Jaswant Singh Commission to create 3 benches in UP in Agra, Nainital and Dehradun!

If a high court bench is created in West UP, it is “poorest of poor” and the most deprived and hapless women who will benefit most as they will be saved from the unnecessary trouble of travelling so far and spending so much extra money, time etc to just attend one hearing alone! We all saw how a 8 year old girl was brutally raped and murdered in Aligarh just recently! Rape, gang-rape and murder have become a very common thing in West UP! This alone explains why former PM Atal Bihari Vajpayee who is the tallest leader of NDA till now himself forcefully raised this crying demand for bench in West UP inside Parliament more than 33 years ago in 1986 when he was Leader of Opposition!

On a concluding note, Centre must have some pity on woman at least who are most unsafe in lawless UP and especially West UP where they are repeatedly being brutally murdered as we have seen in case of Supreme Court lawyer Kuljeet Kaur, former UP Bar Council Chairperson Darvesh Yadav among others and immediately order creation of more benches not just in West UP but also in other parts of UP where the crime rate is high! Crime rate is highest in West UP which necessitates prompt creation of high court bench here! Will Centre deny or question this also? It cannot even if it wants because the crime statistics are easily available! Centre must now immediately come into action and order the creation of a high court bench in West UP as strongly recommended by Justice Jaswant Singh Commission also! Let’s hope so fervently!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.