It is a matter of deep anguish that lawyers who represent people in court and are law officers of court are increasingly being targetted by criminals themselves and killed without any fear. How can any legal system operate where lawyers are themselves not safe? Lawyers all across UP are not safe and feel constantly threatened to heir lives. This alone explains why at the call of the UP Bar Council, lawyers all across UP have decided to boycott work on 13 May, 2016 and go on strike in protest against the increasing attack on lawyers.

This is not the first time that lawyers of UP are going on strike. In past few months the lawyers of UP have time and again gone on strike but it has had no effect. This is a matter of grave concern and I am most hurt to note that the present state government is not able to control the situation and is doing precious little to check the growing attack on lawyers.

Why lawyers of not just West UP but of entire UP on December 21, 2015 went unitedly on strike and protested against the murder of a senior advocate and eminent social activist Raj Narayan in Azamgarh? In fact, whole of UP is slipping into chaos and West UP is at the top! The lawyers of not just West UP but entire UP went on protest strike on 8 January, 2016 against the murder of one more lawyer Karamveer Singh in Saharanpur due to collapsing law and order situation!

Even NIA officers who are charged with national security are themselves not safe in West UP and how Tanjil Ahmad who was investigating the Pathankot terror attack case as also other terror cases involving SIMI was most brutally killed at Bijnore in West UP after criminals shot at him more than 40 bullets and he was immediately killed and his wife too is battling for life now! Nothing can be more horrible! Still Centre is not considering it necessary to create a high court bench in West UP! Sometime back a lawyer was shot dead in Kanpur, another in Pratapgarh and this is fast becoming a routine! How long will Centre keep on evading this key bench issue?

Cases keep on lingering interminably in UP for many decades and this is fast becoming the norm. Criminals know that cases against them will keep on pending interminably and by the time the cases are decided they will die a natural death. This must change. This can happen only if more Judges are appointed as the present CJI TS Thakur very rightly emphasised recently and more benches are created as Dr Satyapal Singh who is former Mubmbai police commissioner and presently represents Baghpat constituency also laid stress on. He very rightly advocated creating 5 more benches for 75 districts of UP at Meerut, Agra, Varanasi, Gorakhpur and Jhansi.

On February 10, the lawyers of West UP went on strike and carried out huge protest march and hold widespread demonstrations at Begum Bridge to protest against West UP not having a high court bench! As if this is not enough, now again on Feb 15, 2016, the lawyers of not just West UP but of entire UP protested and stayed away from work in protest against the murder of a young lawyer in Lucknow whose body was found from a drain! For how long will Centre overlook all this?

Why Ajay Kumar Shukla who is a senior advocate in Allahabad high court and former Chairman of UP Bar Council support creation of a bench in West UP as also Madhulika Yadav who is Vice Chairman of UP Bar Council ? It is because as Rajinder Chaudhary who is a senior minister in UP CM Akhilesh’s Cabinet noted while addressing lawyers of Meerut Bar that UP needs not just one or two but 6 benches and still not a single bench has been added even though West UP ought to have a bench!

Why UP which is among the largest States, has maximum population more than 20 crores, maximum districts – 75, maximum constituencies, maximum MPs and MLAs, maximum PM including Narendra Modi, maximum pending cases more than 10 lakh 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 about 81 in high court, maximum poverty, maximum villages more than one lakh, maximum cities more than 700, 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 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?

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, Ram Naresh Yadav etc also favoured creation of a bench but Centre refused and overlooked that high court and benches of 8 states and even Lahore high court in Pakistan are nearer to West UP as compared to Allahabad ?

To top it all, Centre in 1977 had appointed Justice Jaswant Singh Commission headed by Justice Jaswant who was former Supreme Court Judge and former Chief Justice of Jammu and Kashmir high court to look into where benches are required. What a pity 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 lawyers of West UP observe every Saturday as strike day and go on strike for 6 months in a row as we saw in 2001? 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 52% of pending cases, UP must have maximum and not minimum benches and West UP must have most benches and not none?

Why Centre takes no time in creating high court at Sikkim where the number of pending cases are just about 100 but fails to approve even a single bench for West UP which has several lakhs of pending cases? Why Centre takes no time in creating two more high court benches for Karnataka which has just 6 crore population at Gulbarga and Dharwad even though the number of pending cases are just 1,55,690 and it already had a bench at Hubli whereas in UP the population is 20 crore and the number of pending cases are more than 10 lakh at least yet it has least benches in India and West UP with 26 districts and more than 5 lakh cases have none but Centre refuses to approve even a single bench leave alone 3 benches as recommended by Justice Jaswant Singh Commission? Not just this, it refuses to set up even a single bench in UP even though senior Cabinet Ministers like Rajnath etc repeatedly keep pledging their unstinted support for bench!

When Centre can create 2 more benches for just 4 and 8 districts of Karnataka which already had a bench at Hubli then why can’t it create more benches in UP for 75 districts which just has one bench where all lawyers are unitedly protesting time and again and going on protest strike against collapsing law and order situation in UP? Why is Centre adamant that UP must have least benches in India and West UP have none and the people of West UP be compelled to travel more than 700 – 800 km on an average all the way to Allahabad? Why UN Secretary General Ban Ki Moon terms UP as “rape and crime capital” of India and yet Centre does not want to approve even a single more bench here even as it mulls creation of more benches for tiny states like Haryana and Jharkhand?

In a landmark and bold decision, Allahabad High Court have decided to work this time during summer break. This is truly historic. It will benefit many undertrials and most happy, needless to say, by this will be such undertrials who have been languishing in jail since many years without facing trial.

Within five days of Chief Justice of India TS Thakur’s emotional appeal to fill vacancies to expedite disposal of cases, the Allahabad High Court’s Judges in an unprecedented move have decided to work in ‘Mission Mode’ and use half of their summer vacations to clear the oldest criminal appeals in Uttar Pradesh. Be it noted, it was Allahabad High Court Chief Justice DY Chandrachud who had mooted this landmark idea to all the judges to cut down by half the summer vacations to hear the criminal appeals of those languishing in jail for over two decades. This is truly phenomenal and is worth emulating by all the High Courts in India.

May I add here that after the Allahabad High Court’s sesquicentennial celebrations on March 13, 2016 attended by the Chief Justice of India TS Thakur – the Chief Justice DY Chandrachud sent letters to all the 79 High Court Judges requesting them to work during half of their summer vacations to clear the oldest pending cases. This in fact should have been done a long time back but better late than never. The summer vacations are scheduled from June 1 to June 30, 2016.

While craving for the exclusive indulgence of my esteemed readers, let me reveal here that as of now, 68 of 79 Judges of the Allahabad High Court have responded to the Chief Justice’s letter offering to hold special hearings for disposal of criminal appeals on 15 out of 30 day summer vacations. Sources have also said that remaining Judges may also respond favourably. Nothing can be more better news for the families of those who are languishing in jail since last many years for their alleged involvement in one criminal case or the other without being heard in court.

Sources in the Allahabad High Court Bar Association (HCBA) have also confirmed having received a communication from the Chief Justice – DY Chandrachud requesting “cooperation of the Bar towards efforts by the bench to speedily dispose of long-pending criminal matters”. I am sure that the Allahabad High Court Bar Association would also respond positively to this. It is such a landmark and unprecedented move that no one should ever oppose this and I am hundred percent sure that no one will.

It is a crying shame that many undertrials have been in jail for periods longer than they would serve on being found guilty. Prisoners awaiting verdict for more than 10 years will top the priority list. It is estimated that more than 280, 000 people are languishing in 1,387 jails across the country, constituting almost two-thirds of India’s total prison population.

Needless to add, addressing the inaugural session of the Chief Justices and Chief Ministers conference at Vigyan Bhawan in New Delhi on April 24, CJI TS Thakur had broken down while talking about successive governments failure to appoint more Judges to handle the “avalanche” of cases. PM Narendra Modi had assured the CJI TS Thakur all possible help. The first thing that PM Narendra Modi should do is to implement the 230th report of Law Commission which recommended creating more high court benches all over the country especially in big states like Uttar Pradesh, Bihar, Rajasthan and others.

It would be pertinent to mention here that the former UPA government had ensured implementation of the recommendations of the 230th report in Karnataka alone where 2 more benches were created at Dharwad and Gulbarga for just 4 and 8 districts only. On the contrary, UP which accounts for maximum pending cases in India – more than 10 lakh and has 75 districts has only one bench and that too just 150-200 km away from Allahabad at Lucknow. West UP which has 26 districts and accounts for more than 52% of pending cases of total pending cases of UP has not even a single bench of high court. This must be corrected and West UP too must be given a bench. This will only serve to reduce the work load of Judges of Allahabad High Court and will make them most happy bringing a huge smile on their faces!

I am happy to note that Rajnath Singh who is our Home Minister has also just recently not just acknowledged the dire need for a bench of high court in West UP but has also assured that a bench would be created as recommended by Justice Jaswant Singh Commission. May I remind my esteemed readers here that Justice Jaswant Singh Commission headed by Justice Jaswant Singh who is a former Supreme Court Judge had recommended in late 1970s that West UP must have 3 high court benches but till now not a single bench created here even though on its recommendations benches have been created here at Aurangabad in Maharashtra, Jalpaiguri in West benagal and Madurai in tamil Nadu!

I have no words to praise the landmark and laudable decision taken by Allahabad High Court to work even during summer vacations. As said earlier, in the first move of its kind in the country, most Judges of the Allahabad High Court have agreed to cut short their summer holidays and attend to work during the vacations with a view to reducing the staggering backlog of pending cases. But more Judges need to be appointed. Currently Allahabad High Court has 88 vacancies which is the highest in the country. These must be filled up on a war footing as the CJI TS Thakur had very rightly emphasized to reduce the huge burden on Judges.

No compromise can be made on this in any manner whatsoever! Centre must work on it right now without forwarding any specious excuses so that our judicial system benefits. If cases are not decided in time, people lose faith in judiciary and start taking law in their own hands to get instant justice and this can never be a good news for any country.

It is India’s reputation that will be salvaged if cases are decided on time and this will encourage foreign countries to invest on a large scale in India for which Centre does so much of propaganda but does precious little to uplift India’s collapsing judicial system because of overburdening of pending cases! What the Judges of Allahabad High Court have decided – to work even during summer vacations is highly commendable but that alone is not enough! Centre must create more benches in UP as it has done in Karnataka, Maharashtra and other states and also appoint more Judges to dispose off the huge backlog of pending cases in UP which tops the states list! Only then can we see a huge cutdown in the mountain like backlog of pending cases in UP which is the root cause of increasing lawlessness in UP and people losing faith in judicial system and UN Secretary General Ban ki Moon slamming UP as the “crime and rape capital of India”! Things must change!

Why can’t more benches be created in UP? Why can’t more Judges be appointed in UP? Why can’t more steps be taken to ensure the security of lawyers in UP? Why can’t more courts be set up in UP? Why the lawyers of not just West UP but whole of UP feel compelled to repeatedly go on strike against the increasing phsical attack on lawyers in which many promising lawyers have paid with their lives for no fault of theirs? Why is Centre adamant that UP can’t be given a single more bench anywhere except at Lucknow which is just 150-200 km away from Allahabad leaving the rest of UP high and dry even though many other state capitals like Bhopal which is capital of Madhya Pradesh, Bhubaneshwar which is capital of Odisha, Thiruvananathapuram which is capital of Kerala, Dehradun which is capital of Uttarakhand, etc have neither high court nor bench? Why is Centre adamant that the 230th report of Law Commission which recommended creation of more benches in 2009 can’t be implemented in UP or any other state except Karnataka where two more benches were created by previous UPA government for just 4 and 8 districts? Centre must reform itself and walk the talk of providing speedy justice to not just the people of West UP but whole of UP where law and order situation is collapsing due to which lawyers of UP at the call of the UP Bar Council are compelled to go on repeated strikes!

-Sanjeev Sirohi,

Advocate,