Wednesday 20th March 2019

West UP Must Have Its Own Bench Of High Court (Legal Article by Sanjeev Sirohi)

Mar 25th, 2016 7:22 am | By | Category: TOP STORIES

When UP which is among the largest States, has maximum population – more than 20 crore, maximum districts – 75, maximum constituencies, maximum MPs – 80, maximum MLAs – 404, maximum PM including Narendra Modi, maximum pending cases and here too West UP accounts for more than half of pending cases as noted by Justice Jaswant Commission about 57%, maximum Judges which earlier was 160 and increased to 200 in high court, maximum vacancies of Judges – only 71 in high court, maximum poverty, maximum villages more than one lakh, maximum cities more than 700, maximum fake encounters killings, custody killings, maximum cases of human rights violations, maximum undertrials, 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 UN Secretary General termed UP as “crime and rape capital” of India and what not yet Centre is not prepared to create even a single bench for not just West UP but entire UP? Why when UP sends maximum MPs to Lok Sabha – 80, maximum MPs to Rajya Sabha – 30, maximum MLAs to State Assembly – 404 MLAs and maximum members to State Legislative Council – 100 MLAs and yet has least benches – only one and that too just 150 km away from Allahabad at Lucknow?
Karnataka is no patch to UP yet it has got 3 benches. The population of UP is more than 20 crore and of West UP alone is more than 9 crore and that of Karnataka is just 6 crore. For just 4 and 8 districts we see Centre creating 2 more benches in Karnataka even though they never agitated for a bench as opposed to the lawyers of West UP and the people here who have been agitating since many decades for a bench yet not a single bench has been created here! May I ask why? We see maximum lawlessness in UP and most notoriously in West UP yet no bench exists here! Why?
UN Secretary General Ban Ki Moon condemns UP as the “crime and rape capital of India” yet Centre feels it imperative to approve 2 more benches not for UP but for Karnataka! More than 9 crore people of West UP are compelled to travel more than 800 km on an average all the way to Allahabad to attend hearings, spend huge money in travelling, staying and other needless expenses as Centre feels only Eastern UP is elite class and that is why a single bench for UP is set up just 150 km away from Allahabad at Lucknow which is capital even though capitals of other states like Bhopal, Dehradun, Thiruvananthapuram, Bhubaneshwar etc have neither high court nor bench! UP sends maximum MPs and MLA to Parliament and Assembly, maximum Judges to high court at 200 as opposed to just 50 of Karnataka for which Centre approved 2 more benches, maximum pending cases among all states more than 10 lakh as opposed to Karnataka which has just about more than a lakh pending cases which means that more than 10 states put together equals the number of pending cases in UP, maximum villages more than one lakh and what not yet it has least benches in India!
Why it was way back in 1955 that Dr Sampoornanand who was the then UP CM had strongly recommended the creation of a high court bench in West UP at Meerut but Centre refused even as people of West UP and those of hilly areas now in Uttaranchal had to travel thousands of kilometers all the way to Allahabad to get justice? Why Centre decided that only one bench will exist in UP and that too just 150-200 km away from Allahabad at Lucknow and not anywhere else? Why many UP CM even later like Banarsi Das, ND Tiwari, etc also favoured creation of a bench but Centre refused and overlooked that the high court and benches of 8 states are nearer to West UP as compared to Allahabad and even Lahore high court in Pakistan is nearer as compared to Allahabad?
To top it all, Centre in 1977 had appointed Justice Jaswant Singh Commission headed by Justice Jaswant who was a former Supreme Court Judge and former Chief Justice of Jammu and Kashmir high court to look into where all benches are required. Why is it that it recommended a bench at Aurangabad in Maharashtra which it immediately accepted and also 3 benches for West UP which it flatly refused? Why benches were also approved for Jalpaiguri in West Bengal and Madurai in Tamil Nadu but not for West UP?
Why Centre decided to give bench to 2 districts of Goa with population of 14 lakhs, for Andaman and Nicobar at Port Blair for just 3 districts with population of 3 lakh but not to 39 districts of West UP which includes those in now Uttaranchal with population of 10 crore? Why Centre decided to create a high court for Sikkim for just 4 districts with population of just 6 lakhs and about 50 pending cases but not to West UP? Why when a bench can be created at Goa for just 2 districts, at Dharwad for just 4 districts, at Gulbarga for just 8 districts, at Aizwal for just 8 districts, at Port Blair for 3 districts, at Lucknow for 12 districts etc but no bench for West UP with 26 districts?
Why Centre decided to create high courts for Tripura, Meghalaya and Manipur with just 36, 29 and 27 lakh population but denied a bench to West UP with more than 9 crore population? Why Centre has overlooked that as UP accounts for maximum pending cases – 10 lakh cases and here too West UP accounts for more than 57% of pending cases, UP must have maximum and not minimum benches and West UP must have most benches and not none as we see most unfortunately right now?

Why statehood is given promptly to states which are much smaller than West UP, hardly have 1 or 2 crore population like Haryana, Punjab, Chattisgarh, Uttaranchal unlike West UP which has more than 9 crore population? Why the population of no other state except Maharashtra and Bihar is more than that of West UP and here too areawise West UP with more than 98000 square km is more than that of Bihar with 94000 square km yet it has not even a single bench?
Why the poor people of West UP have to travel 700-800 km on an average all the way to Allahabad and the high court and bench of 8 states as also Lahore high court in Pakistan is nearer to West UP as compared to Allahabad yet Centre approved only a single bench for UP at Lucknow just 150 km away from Allahabad? Why the poor people of West UP are compelled to mortgage and ultimately sell their land, all jewellery of their wife etc while fighting cases in Allahabad for many decades which arise out of travelling expenses, hiring lawyer, staying and lodging expenses etc but neither Centre nor State is bothered? Why inspite of crime graph rising sky high is Centre not prepared to set up a bench for West UP with more than 9 crore population when it is ready to consider bench for Western Haryana and Dumkur in Jharkhand even though the population of both these states put together is less than West UP? Outright blatant partialty!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh

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