Why west up must have a bench of high court

"I will give you a talisman. Whenever you are in doubt or when the self becomes too much with you, apply the following test: Recall the face of the poorest and the weakest man whom you may have seen and ask yourself if the step you contemplate is going to be of any use to him. Will he gain anything by it? Will it restore him to a control over his own life and destiny? In other words, will it lead to Swaraj for the hungry and spiritually starving millions?

Then you will find your doubts and your self melting away."    - Mahatma Gandhi    

I would be cheating not only my readers but my own self if at the very beginning, I don't admit that whatever little knowledge I have regarding the emotive issue ingrained in the minds and hearts of millions of people residing in West UP regarding creation of a High Court Bench is all because of senior advocate and former General Secretary of Meerut Bar Association, Shri KP Sharma, for which I shall always be personally indebted to him all my life. It is beyond the capacity of my pen to express in words that how much "great pains" he took in personally sparing time for me and explaining the whole issue. He was full of praise and appreciation of eminent legal expert and former chairman of Meerut Bar Association, Shri Chaudhary Narendra Pal Singh, for his tireless efforts in leading the campaign and padyatra march on various occasions. He expressed his deep anguish over the nonchalance and insensitive approach of both the State and Centre regarding this and not conceding to it in spite of acknowledging fully the dire necessity of the same in the interest of millions of people of West UP who are punished for being born here. He also very rightly lamented that, "What a pity that Lahore High Court in Pakistan is nearer to the people of West UP as compared to Allahabad High Court. The lawyers of West UP obviously don't enjoy going on strike every Saturday since 1981 because ultimately it is our own livelihood which is most adversely affected which the world must understand and appreciate. This decision was taken unanimously by all lawyers of West UP as a "token protest" against the abject callousness and utter disregard for the genuine grievances of a common people who have to suffer the most especially those who are very poor and can't afford to incur the huge expenses relating to travelling more than 600 or 700 km or even more, engaging a lawyer, staying in Allahabad etc. It is the illiterate people who are fooled the most in the whole process by cunning people of whom there is no dearth and government too is not doing any good by turning a blind eye to the endless woes suffered by the people of West UP since independence which is most disgusting to note. The condition of educated and financially well off is not much better either especially the middle class." It is high time and now the government must take prompt action in creating a bench of high court for the millions of people residing in West UP.  

It can only happen in a country like India that the state of Uttar Pradesh which has the maximum population among all states and is also among the top few largest states area-wise to the extent that just recently former UP CM Mayawati recommended the partition of the state into small parts. In spite of all this, there is only just one bench of high court in UP and that too just about 150 km from Allahabad high court. Many smaller states have more benches and this is most unfortunate because it is the people of West UP who have suffered the most since last 62 years as they have to travel maximum and bear innumerable inconveniences. But who cares? At least, those who have been in power in UP and Centre have cared a damn. If they had cared, the people of West UP would not have been given a cold shoulder since 1947 and a bench would have been here long time back.

We all are aware that more than 2.5 to 3 crore cases are pending all over India and the maximum pending cases are in UP, more than one crore cases but still there is only just one bench and that too very near to Allahabad. This cannot be justified under any circumstances. In this case, it is the poorest of the poor residing in the remotest of remote area who bear the maximum brunt as they can't afford to incur the huge expenses related to travelling more than 700 km, engaging a lawyer, staying and other expenses in Allahabad and last but not the least are not simply aware about the legal procedures and therefore have to suffer endlessly in one form or the other. I am sure that if a bench had been in West UP, their sufferings would not have entirely disappeared but certainly they would have been minimized but most unfortunately this is yet to happen.

Ever since 1955 when Dr Sampoorna Nand, the then chief minister of UP, recommended that a bench of high court be established in West UP at Meerut, at least 14 chief ministers have time and again recommended in favour. But still it has not materialised. In 1986, the former Law Minister Hansraj Bhardwaj made a statement in Rajya Sabha in response to a question of the then leader of opposition Atal Bihari Vajpayee that, "The government in principle has agreed for establishment of high court bench in West UP and the question of situs of the bench was left to the Central government as Agra was not found to be a suitable place. But where majority of people expect the bench to be formed, it will be formed there". Vajpayee had himself said that if his party came to power in Centre, it will take no time in creating a bench in West UP. It is the bounden duty of every government to provide speedy justice to litigants and how can this be possible without creating more benches in UP? Many former PMs like late Indira Gandhi, Rajiv Gandhi and others have espoused the creation of a bench in West UP and even the present government has appreciated its necessity.

In 1955, the government of Dr Sampoorna Nand and in 1976 the government of ND Tiwari passed a resolution in UP Vidhan Sabha favouring creation of  a high court bench in West UP and sent it to Centre. ND Tiwari, in a communication addressed by him to the Central government in 1976, had expressly stated that in view of the developments that had taken place, since the submission by the Law Commission of its 14th report in 1958, setting up of a separate high court for smaller states which had come into being since 1956, the creation of some benches at places other than the principal seats of justice in Bihar and Rajasthan and marked improvement in legal talent at some principal towns of the western region of the state, the demand of the people of the state for a separate bench of the Allahabad High Court could no longer be resisted. Even the chief justices of Allahabad High Court in 1979 and 1985 have admitted that for the welfare of the litigants, the creation of a high court bench in West UP is imperative.

The lawyers of West UP have never opposed either the high court which is at Allahabad nor its sole bench at Lucknow but what a pity that a very powerful lobby of certain lawyers and others have been strenuously opposing not just a high court bench but even a circuit bench which cannot be justified under any circumstances. I am deeply hurt to see that the age-old demand for a bench in West UP is really genuine and compelling but still nothing has materialised even after 62 years. Ideally the whole of UP should have been united in demanding for a bench of high court in West UP to alleviate the endless woes of the common man but sadly this has not been the case. It is however, encouraging to see that the support base for bench in West UP is rapidly burgeoning with even Supreme Court Bar Association, Delhi High Court Bar Association as well as various others coming out in full unstinted support for it as they were fully convinced about its necessity by senior, eminent advocates of Meerut Bar like the former chairman, Shri Gajender Singh Dhama, former  secretary Shri Satish Sharma, Shri KP Sharma ,who was the first to enlighten me on this and many others for which they must be commended as they have been pursuing it relentlessly. Former chairman of Supreme Court Bar Association Krishna Mani had very categorically stated that, "Only by the creation of a bench of high court in West UP will the people be able to secure justice".

I would also like to bring out the plain truth that the demand and struggle for a bench here is not that of lawyers only. Rather it is the people's crying voice who have to bear the maximum brunt which lawyers are only raising further and what better testimony can there be to what I have stated than the fact that the historic, peaceful and successful bandh in West UP on 17 September 2009 witnessed unstinted support from all the people who more than lawyers themselves made sure that the bandh was unprecedented in all respects which truly amazed even the lawyers themselves in West UP. All were of the view that, "When 17 benches of high court can operate smoothly all over India then why can't one more bench do so in West UP". Even the lawyers of Varanasi, Sonbhadra and Awadh Bar in Eastern UP have expressed full solidarity for a bench here.

It is in the interest of speedy justice that creation of bench is imperative for benefit of litigants which must be supreme. It is the worst travesty of justice that West UP which since many decades has been crying and bleeding for a bench here but to no avail.  The people of West UP are deeply anguished over the nonchalant and insensitive conduct of both the State and Centre regarding this burning issue and for not giving a green signal to creation of a bench inspite of the same in the supreme interest of millions of people of West UP who since independence have been punished time and again for being born here. What can be a bigger injustice for the common man of West UP than the bitter fact that the high courts of Himachal Pradesh, Uttarakhand, Haryana, Punjab, Delhi and above all even Lahore High Court in Pakistan are nearer to West UP in comparison to Allahabad High Court. Common man is the worst sufferer due to this. Can we ignore that in many cases pertaining to West UP, either the plaintiff or the defendant or even both in many cases have died but still their cases have not yet been decided? Is it not a mockery of justice?

Can anyone deny that on the report of Jaswant Singh Commission a high court bench at Aurangabad in Maharashtra has already been established in 1985 but the people of West UP have been unfairly denied the same despite the fact that this Commission had very strongly recommended creation of a bench here. The people of West UP have since then felt as if they had been stabbed in the back and they cannot be blamed for it as they have been actually cheated by wrongly denying them their due for which Centre cannot deny its leading share of culpability in this entire episode.  Benches of High Court have also been established at Madurai in Tamil Nadu and Jalpaiguri in West Bengal to minimize the inconveniences caused due to lack of it to a common man. Why then should the people of West UP suffer endlessly? Can anyone deny that there is only one (or two) train to Allahabad? Mostly, people from West UP don't get reservation in time but have to go for hearing. It is the poor people who are worst hit but they have no option as there is no bench of high court in West UP.

Now let me for the benefit of my readers invite their attention to the long protracted struggle waged by the people and lawyers of West UP for securing a high court bench in the correct chronological order which is as follows : -

CHRONOLOGICAL ORDER OF STRUGGLE FOR HIGH COURT BENCH IN WEST UP:- 

1948-54 - Unorganised protest by lawyers and people of West UP for a Bench.

1955 - First initiative was taken by the then UP Chief Minister Dr Sampoorna Nand who had sent his approval and had also proposed for setting up a High Court Bench at Meerut in response to the demand of about 100 MLA's representing West UP. 

1976 - The UP State Government had again sent its recommendation to the Centre for setting up a High Court Bench in West UP.

1977 - Centre accepted the recommendation but most unfortunately did not accord the permission for reasons best known to them only.  

1977- Lawyers went on dharna at the Delhi based residence of the then Law Minister Shanti Bhushan.

1978 - A huge bandh was observed on May 9 in Meerut. This was followed by hunger strike by lawyers for ten days from 10-20 May.

1978 - Mass awareness drive from 4 June - 31 July 1978 for urgent creation of a Bench of High Court in West UP was launched in 22 districts of West UP. The then external affairs minister Atal Bihari Vajpayee had sent the matter to Law Ministry. The representatives of senior lawyers met Mrs Indira Gandhi, P Shivshankar, LK Advani and Rajiv Gandhi.       

1981- Under leadership of the then Chairman of Action Committee Dataram Singhal and Coordinator Ravishankar Tyagi, lawyers met the then PM Mrs Indira Gandhi and demanded creation of Bench. Strike in court from 15 Feb - 5 May 1981.  Agitation by advocates of West UP forced the government to form Jaswant Singh Commission which not only recommended creation of a Bench in West UP but also recommended formation of 3 circuit Benches in UP.

1986- 10 thousand lawyers of West UP gave dharna in Boat Club, at residence 24, Tughlaq Road of the then Law and Justice Minister Hansraj Bhardwaj for 63 days and in August 2006 under leadership of the then Chairman of Action Committee Ravishankar Tyagi and coordinator Chaudhary Tejpal Singh gave dharna in Vidhan Sabha in Lucknow.

1989 - Padyatra from Mussorie in Uttrakhand to Delhi by Chaudhary Narendrapal Singh, the Chairman of Action Committee Jagdish Singh Sirohi, Coordinator Rohitashav Aggarwal for 26 days and at the end met the then President Dr Shankar Dayal Sharma and presented a memorandum for a Bench.

1990 - On August 1, the UP State Government sent its strong recommendation for sanctioning of the Bench at West UP.   

Nov 1994 - Thousands of lawyers of West UP protested at Jantar Mantar in Delhi. Union Minister Rajesh Pilot, Law Minister Hansraj Bharadwaj and the then Lok Sabha Speaker also met them to reiterate their support for a Bench in West UP. 

2001 - Six months strike from July to December of lawyers under the chairmanship of Action Committee Chairman Chaudhary Dheer Singh and Coordinator KP Sharma. Mobilization of general support for creation of a Bench of High Court in West UP and march to Delhi .

2003 - Again a long strike. Delegation of senior lawyers met leaders. 

2009 - Again the issue of Bench has flared up and this time every class of West UP is rendering unconditional support to it. On 17 September, a historic bandh in whole of West UP by all sections of society in support of Bench.

28 August - Former national general secretary and CWC chairman and now Union Labour Minister Oscar Fernandes also expressed his strongest voice in favour of a Bench in West UP.  

1 September - Muslim organisations gave their unconditional letter of support in favour of a Bench in West UP.

4 September - Union Labour State Minister Harish Rawat expressed support.

5 September - Meeting of people representatives in support of Bench in which even the ruling BSP participated.

15 and 16 September - Lawyers of West UP went on two day strike.

17 September - Unprecedented total shutdown in West UP in support of Bench by all sections of society. A historic bandh all over West UP supported whole heartedly by all sections of the society. On 20 November, in the protest rally at Jantar Mantar, again all the lawyers of West UP participated and met the Speaker who fully endorsed the just demand for a Bench in West UP.

29 September - Courts in West UP closed. Senior lawyers led by chairman Gajender Singh Dhama met Ms Sonia Gandhi and convinced her of the imperative need for a Bench to give common man the maximum reprieve which she too fully appreciated and assured of speaking to PM Dr Manmohan Singh in this regard.

2 Oct - Lawyers, Loksatta Movement and other organisations on the auspicious occasion of Gandhi Jayanti took out a peace march for Bench and presented memorandum.

21 Oct - BKU and eminent farmer leader Mahender Singh Tikait announced full support for a Bench.

24 Oct - General meetings at all district headquarters in West UP.

6 Nov - In Delhi, Central Law Minister Veerappa Moily gave signals for creating a Commission to Action Committee.

13 Nov-Cong MP Azharuddin, BJP President Rajnath Singh and another BJP leader and more importantly, one of the sharpest legal brains in India and a senior lawyer of Supreme Court Arun Jaitely expressed full support and solidarity for creating the much needed Bench in West UP.

20 Nov - Historic lawyers protest rally at Jantar Mantar in New Delhi for Bench in West UP and a memorandum in support of a Bench in West UP was presented to the Lok Sabha Speaker Mrs Meera Kumar.

11 Dec - Gajender Singh Dhama - the Chairman of Central Action Committee alongwith former minister- Kripashankar Singh and Hasan Ahmed, the chairman of Central Haj Committee met the President Mrs Pratibha Patil and presented their case for a Bench in West UP which was fully appreciated by her.

20 Feb 2010 - Demonstrations in support of a Bench in West UP organised at Tehsil and District Level in which apart from lawyers regional public representatives will participate.

5 March 2010 - Lawyers of West UP  march to  Delhi and stage protest outside 24 Akbar Road, Congress Head Office.

2010 – 2012 – Repeated requests for creating a High Court Bench in West UP by the lawyers of West UP to UPA government goes unheeded.     

          JURISDICTION OF PROPOSED HIGH  COURT

BENCH OF WEST UP

 1.   Meerut Division            :       (1) Meerut (2) Baghpat (3) Gautam Budh Nagar (4) Ghaziabad (5) Bulandshahr

2.    Saharanpur Division     :       (1) Saharanpur (2) Muzaffarnagar

3.    Moradabad Division      :       (1) Moradabad (2) Bijnore (3) Rampur (4) Jyotibaphule Nagar

4.    Agra Division               :       (1) Agra (2) Mahamaya Nagar (3) Firozabad (4) Mainpuri (5) Etah (6) Aligarh (7) Mathura             

HIGH COURTS AND THEIR BENCHES IN INDIA

We all know how the government refused bluntly to set up a bench of High Court in West UP as recommended by the Jaswant Committee report in the early 1980s, even though it agreed for a bench in Aurangabad in Maharashtra. All this notwithstanding, UP has maximum pending cases, maximum population, maximum crime rate and maximum constituencies apart from being one of the largest states in India. Similarly the 230th report of law commission very categorically recommended setting up more High Court benches more than two years ago but again to no avail! This must end now. Either the government should implement the recommendations of all the committees they appoint lock, stock and barrel or it should stop appointing such useless commissions which only serve to drain the exchequer for many years at the cost of taxpayers! The government cannot have it both ways.

I would like to mention some very few reasons as to why a High Court Bench must be immediately awarded to more than 6 crore people of West UP and these are as follows:-  

1.       Can anyone deny that ever since 1955 when Dr Sampoorna Nand, the then chief minister of UP, recommended that a Bench of High Court be established in West UP at Meerut, at least 14 chief ministers have time and again recommended for establishment of a Bench of High Court in West UP?

2.       Can anyone deny that the Supreme Court Bar Association, Delhi High Court Bar Association as well as various others are openly supporting with full force the creation of a Bench in West UP?

3.       Can anyone deny or even question what the former  CJI KG Balakrishnan said some time back  that, "Only more courts can make justice delivery effective. If we have adequate courts, the system would function smoothly"? If more Benches are created, will it not contribute in making our justice delivery system more effective?

4.       Can anyone deny that the 18th Law Commission in its recent 229th recommended creation of not only more Benches of High Court but even of Supreme Court itself? Will the dignity and decorum of highest court be compromised if more Benches of Supreme Court are created? Certainly not. Can anyone question the sagacity of all those topnotch legal luminaries who comprise the high powered panel set up by Government for submitting reports on various topic after doing a lot of homework on them? Does this not hold true for High Court Benches also?

5.       Can anyone deny that the 18th Law Commission in its 230th report noted : "In almost every High Court, there is huge pendency of cases and the present strength of the judges can hardly be said to be sufficient to cope with the alarming situation. The institution of cases is much more than the disposal and it adds to arrears of cases. The litigating citizens have a fundamental right of life i.e. a tension-free life through speedy justice-delivery system. Now it has become essential that the present strength of the judges should be increased manifold according to the pendency, present and probable. It is also necessary that the work of the High Courts is decentralized, that is, more Benches are established in all States. If there is manifold increase in the strength of the judges and the staff, all cannot be housed in one campus. Therefore, the establishment of new Benches is necessary. It is also in the interest of the litigants. The Benches should be so established that a litigant is not required to travel long. It is true that the new establishments will require money, but it is necessary as a development measure, particularly, when efforts are being made for all-round development of the country. Therefore, the money should not be a problem. We have to watch and protect the interest of the litigants. We must always keep in mind that the existence of judges and advocates is because of the litigants and they are there to serve their cause only. Sometimes, some advocates object to creation of new Benches and selection of new sites for construction of new buildings. But they raise objections in their personal, limited interest. Creation of new Benches is certainly beneficial for the litigants and the lawyers and a beginning has to be made somewhere. A speedy trial is not only required to give quick justice but it is also an integral part of the fundamental right of life, personal liberty, as envisaged in article 21 of the Constitution. Article 39A of the Constitution provides for equal justice and free legal aid. The said article obligates the State to promote justice on a basis of equal opportunity and, in particular, provide free legal aid by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities?"                     

6.       Can anyone deny that the people of West UP have been awaiting most eagerly especially after this was recommended for the first time by the chief minister of UP Dr Sampoorna Nand just few years after independence and this has been recommended time and again by various chief ministers and Centre also has acknowledged the dire necessity of creating the same time and again? Why still a High Court Bench has not been created? Obviously, because of strongest pressure from those against it. This is totally unbecoming of the government to ignore the genuine demand of the people of West UP since such a long time on totally specious grounds .

7.       Can anyone deny that if a Bench is not created in West UP, who will benefit the most? Obviously, the criminals of both Eastern and West UP and the lawyers of Allahabad High Court but the lawyers will only benefit financially but not mentally especially those who have a strong moral fibre because they fully know that the gigantic proportions the huge pending cases have acquired over last 62 years is only increasing further with UP holding the dubious distinction of having the maximum number of pending cases in our entire nation? Should all this be still overlooked and in spite of nearly all big leaders acknowledging the necessity of the same time and again and the people of West UP be made to suffer endlessly for being born here?

 8.      What can be a bigger injustice for the common man of West UP than the harsh and lamentable fact that the High Courts of Himachal Pradesh, Uttarakhand, Haryana, Punjab, Delhi and above all even Lahore High Court are nearer to West UP in comparison to Allahabad High Court? Who suffers as a result? It is the common man who is the worst affected.

9.       Can we ignore the naked truth that in the whole of UP, 16 lakh cases are pending out of which 11 lakh cases are pertaining to West UP? Does this not necessitate the creation of a Bench in West UP?

10.     Can we ignore the naked truth that the demand for Bench in West UP is drawing support even from many people in Eastern UP?

11.     Can we ignore even what the Supreme Court in Naseeruddin v. State Transport Appellate Tribunal reported in AIR 1976 SC 331, relevant portion of the para 68 of ruling, relating to para 14 of UP High Courts (Amalgamation) Order 1948 said that, "There is no permanent seat of High Court at Allahabad, the seats at Allahabad and at Lucknow may be change in accordance with the provision of the order"? Should common man of West UP be still deprived of his basic right of having a High Court Bench in West UP?

12.     Can we ignore even what has been clearly mentioned in articles 14, 21, 38, 39-A of the Constitution?

13.     Can we ignore that on 31 December, 2008, the pending cases in Allahabad High Court were 14 lakh, 64 thousand and 932. Out of these nearly, half of the cases related to West UP's 18 districts? This figure 11 years back was 5 lakh, 23 thousand and 853?

14.     Can anyone deny especially those who oppose creation of new Benches on the specious plea that the library of district courts can be no match to those of High Court that this deficiency can be remedied very easily by 6 crore people of West UP who will undoubtedly donate generously to enrich it specially? When the people of West UP can incur the huge loss of Rs 200 crore by just one historic bandh of 17 September, 2009, not to mention about the previous bandhs made in last 62 years then can't they spend money to enrich library? The answer is obvious. The same holds true for renovating the district courts and building more to fill the requisite deficiencies about which those opposing the Bench keep crying all the time. It really hurts all the people of West UP very much when they read such absurd excuses forwarded by those who oppose a Bench of in West UP!

15.     Can anyone deny that the priceless concept of "justice at doorsteps" has been denied to the people of West UP by denying them a Bench since last 62 years in spite of the screaming need for the same?