First and foremost, let me begin by voicing my utmost sympathy and condolences to the families of all those who keep getting killed in senseless violence perpetrated by criminals in West UP! Every day we keep reading in local Hindi newspaper of either an advocate being murdered or a businessman being murdered or someone else. I must express my total unstinted support for what the Congress spokesperson Rashid Alvi said today on 23 July in a news channel Aaj Tak show that, “UP is so big that it has become ungovernable. There is total chaos and even I myself don’t feel safe in UP without police security. You cannot go out in night in UP. UP must be divided in four to five parts. There are so many problems sweeping UP. There is severe shortage of electricity. Many areas like West UP, Bundelkhand and others are neglected. It is the strong need of the hour that the States Reorganisation must be done now immediately just like it was done earlier way back in 1955.” How I wish his party Congress which ruled UP for more than forty years had done this job at that time when they were in power and for more than 50 years that it was in power in Centre! But it never did!

BJP too in this very show hosted by Aaj Tak very strongly spoke in favour of dividing UP into small states. RLD right from the beginning has been advocating Harit Pradesh for West UP! Except the ruling Samajwadi party, all parties want UP to be divided into 4 to 5 parts. Mayawati who is the former UP CM had already advocated very strongly dividing UP into 5 parts to be given the status of states! She advocated statehood for Western UP to be named “Harit Pradesh”. Yet we don’t see even a single bench coming up here solely for political reasons!

At the very outset, let me begin by pouring my deepest outrage over the callous manner in which Centre is repeatedly turning down the legitimate demand for a high court bench in West UP! Just recently on 7 September 2016, the lawyers of West UP were on strike demanding high court bench and every Saturday repeatedly go on strike since last 36 years and keep shouting for a bench in West UP which should have been created a long time back! For how long? Now on 26 September, 2016 the lawyers of West UP are again on strike demanding the creation of a high court bench in West UP! Whole day they will keep shouting in favour of creating a high court bench in West UP!

For how long? Just recently, NHRC confirmed that many Hindus have fled Kairana because of threats received. I want to reiterate here that not just Hindus but even people of other religion are fleeing and this is mainly because of constant fear from goons who openly issue threats! The whole of West UP is slipping into chaos and BJP leaders from West UP are raising this serious issue very seriously and also demanding creation of a high court bench here! But Centre is not listening! Why? It must!

We all know how brutally a minor girl had been gangraped in Hapur and such incidents are now happening on a regular basis in West UP especially! 3 Muslim youth were murdered by miscreants close to Meerut and such incidents of crime are happening now on a large scale.  Just recently, we saw how a BJP leader Brij Pal Teotia is attacked by fearless criminals of West UP who fired 100 rounds on his car from AK-47 rifle and he sustained 5 bullet injuries and his condition is stated to be very critical. His security guards also sustained injuries. At least now the ruling BJP must take steps to create a high court bench in West UP instead of just passing the buck to State!

Some week back we heard how a woman and her daughter were gangraped and robbed by robbers on national highway in Bulandshahar in West UP. We also read how a minor girl aged 6 years was gangraped, tortured and thrown away in Hapur. The newly appointed Chief Justice of UP High Court Justice Dilip Babasaheb Bhonsle rightly lashed out at the law and order situation in UP and said that in Maharashtra from where he hails women or girl venture out in night anywhere yet never such incidents of gang rape occur. I fully endorse what Chief Justice Bhonsle has said because I myself did my LLB from Symbiosis Law College in Pune and I never saw any women or girl being even harassed leave alone raped!  Still Maharashtra has 3 high court benches and UP only one and that too very close to Allahabad and not a single in West UP where most of the crime incidents occur.

Some time back, a retired police inspector is murdered by young criminals in Meerut! In Muzaffarnagar 3 people died in gang war over distribution of money extracted from extortion from people! Even NIA officer Tanjil Ahmed was brutally murdered by goons in Bijnore in West UP! There is no end to crime in West UP! Everyday you read so many incidents of loot, murder, rape, gangrape and what not in different districts of West UP! Yet no initiative is being taken to create a high court bench in West UP.

Some time back, more than 20 persons were killed in the violence in Mathura in West UP! It is very tragic that more than 20 people have lost their lives and many are battling for lives in various hospitals! What is most tragic is Centre’s firm resolve to follow Jawaharlal Nehru’s policy of not creating even a single more bench not just  in West UP but anywhere in UP barring the one at Lucknow for just 12 districts which is just 150-200 km away from Allahabad! Jawaharlal Nehru was not in favour of benches as Law Commission then in 1955 in its fourth report had opposed creation of more benches but 60 years later Law Commission in 2009 favoured creation of more benches in its 230^th report but Centre is not prepared to implement it anywhere except at Karnataka where 2 more benches were created by previous government in Centre led by Dr Manmohan Singh.

The lawyers of West UP who have been agitating for a high court bench for 26 districts  since last six decades are not responsible for the lawlessness in West UP. Who is responsible for the Superintendent of Police (SP) of Mathura Mukul Dwivedi being killed in the attack on police party in Mathura? Who is responsible for the killing of SO Santosh Yadav again in Mathura in the same incident? Why criminals have become totally fearless in West UP and why Centre is firm that come what may not a single more bench will be set up in any hook and corner of not just West UP but any corner of UP?

In an unprecedented event which shall definitely have far-reaching consequences, the Chairman of UP Bar Council – Anil Pratap Singh while addressing lawyers at Meerut just recently very categorically said that it is necessary to create at Meerut a Bench of High Court. Never before in my life have I ever seen such a senior and distinguished lawyer of eminence openly supporting the age old demand for a high court bench for West UP at Meerut. The lawyers of not just Meerut but of entire West UP are very happy with this historic development which shall certainly have far reaching consequences!

Anil Pratap Singh has not just assured his unstinted support for the age old demand for a high court bench in West UP but has also said unambiguously that very soon along with a delegation of senior lawyers would meet the Chief Justice of India and Chief Justice of Allahabad High Court to press for the creation of a High Court Bench in West UP. He also said that according to population and the number of pending cases also it was imperative to create a High Court Bench in West UP. We all know that UP has maximum pending cases in India with Allahabad High Court owing for more than 10 lakh cases which is highest among all High Courts and here too cases from West UP are more than 57% which was accepted by Justice Jaswant Singh Commission also way back in late 1970s!

Anil Pratap also said that very soon he would make sure that a High court Bench would be created in West UP! For the first time we can see that a real glimmer of hope is emerging for the creation of a High Court Bench in West UP. One hopes that it materializes soon.

I must express my utmost gratitude and profuse compliments to former Justice BP Singh (retd) of Allahabad High Court for not just accepting the invitation to swear in the newly elected members of Meerut Bar but also publicly supporting the age-old demand for a high court bench in West UP. He said that Centre should promptly create a high court bench in West UP without any more further delay. He also exhorted the lawyers of Meerut Bar to make bench movement a public movement. He also suggested that it is only by connecting people that the bench movement will be made stronger.

Justice BP Singh minced no words in making it absolutely clear that as long as this bench movement for creation of a high court bench in West UP is restricted to lawyers only and will not get connected with people it will never attain success. It is a no brainer thus that the more than 9 crore people of West UP would have to connect with this bench issue to make it a splendid success. There can be no denying this and when such an experienced Judge of the Allahabad High Court himself says this on record, what more should I say?

It is a matter of deep anguish that lawyers who represent people in court and are law officers of court are increasingly being targeted 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 had 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 again in West UP due to collapsing law and order situation! 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!

Some time back, a retired police inspector is murdered by young criminals in Meerut! In Muzaffarnagar 3 people died in gang war over distribution of money extracted from extortion from people! 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 has succumbed to bullet injuries after battling for life for some days! 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 being evasive? There is no end to crime in West UP! Everyday local Hindi newspapers are flooded with reports of crime, loot and violence in West UP yet not a single bench has been created here even after completion of 70 years of independence! Yet no initiative is being taken to create a high court bench in West UP! It’s sad! Very sad!

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 Mumbai police commissioner and presently represents Baghpat constituency as BJP MP also laid stress on. He very rightly advocated creating 5 more benches for 75 districts of UP at Meerut, Agra, Varanasi, Gorakhpur and Jhansi. Rajinder Aggarwal who is BJP MP from Meerut even introduced a private member bill in Parliament for creation of a high court bench in West UP which must be endorsed by all MPs unanimously as it is the crying need of the hour for more than 9 crore people living here in West UP! Let’s hope so!

Why 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 – 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 – 88 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?

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 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!

Why West UP has an area of 98,933 square km which accounts for 33.61 percent of total area of UP and yet no bench but Lucknow in Central region has just 62,363 square km and yet it has a bench? Why Centre keeps on blaming State for not recommending even when it was in 1955 that a bench for West UP was first recommended and as Soli J Sorabjee, the former Attorney General rightly said way back in 2001 that, “The Centre without any recommendation from the State Chief Minister or Chief Justice of a State is fully empowered under our Constitution to set up a high court bench anywhere it wants at its own volition.” Why Centre ignores blithely what the Chairman of Supreme Court Bar Association Krishna Mani had said quite explicitly that, “Only by the creation of a bench of high court in West UP will the people be able to secure speedy and cheap justice at their doorsteps!”

It is high time and now Centre must like eminent lawyers like BN Krishnamani who is former Chairman of Supreme Court Bar Association, Soli J Sorabjee and others accept that, “Only by the creation of a high court bench in West UP will the people get justice”. The earlier this is done the better it shall be. Not doing so will be the worst travesty of justice! The worst sufferers in this whole process will be more than 9 crore people of West UP who have been peacefully raising their demand for a bench since independence but there is nobody to hold their hand except offering empty assurances and promises! Most hurting!

Why Centre feels that it is a matter of great pride that there are more than 10 lakh pending cases in Allahabad High Court which is highest in India yet it must have just one bench just 150 km away from Allahabad at Lucknow and nowhere else? What nonsense! As on 1 April, 2016, the total pending cases in UP are 60,05645. 10 lakh cases are pending in high court and 50,92,609 in lower courts out of which 1276229 are civil and 3816380 are criminal! 438462 criminal cases and 217149 cases of civil are pending since last more than 10 years! 42469 cases in civil matters and 92977 cases in criminal matters are pending if cases of both high court and lower courts are combined. Why Centre knowing fully well that maximum incidents of rape, murder, dacoity, loot, arson, riots etc all happen in West UP yet is reluctant to establish a high court bench here? Why Centre knowing fully well that the population of West UP is more than Gujarat, Karnataka and all other States except Bihar and Karnataka yet it has not even a single bench leave alone high court and worst of all not even a circuit bench of high court does nothing on this score even after completing more than 2 years in office? Reply! Centre must reply! Giving a blank look is no reply!

When a bench can exist just 150-200 km away from Allahabad at Lucknow then why can’t it exist 700-800 km away at any of the 26 districts of West UP?  Karnataka is just 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?

All parties admit that there has been an exodus of people from many places of West UP like Shamli, Kairana etc due to deteriorating law and order even though there is a difference over which community is affected worst. We all saw some time back how brutally robbers not just looted on national highway in Bulandshahar but also gang-raped a women and her young daughter! Such incidents are rapidly taking place all across West UP yet Centre is not creating a high court bench here! Why? Why is Centre treating people of West UP as most third rated citizens by denying them even a single bench as both high court and bench are adjacent to each other at Allahabad and Lucknow?

My point is simple: Why can’t a high court bench be created here by which all members of all communities benefit equally?   For a peaceful state like Karnataka Dr Manmohan Singh created 2 more benches of high court at Dharwad and Gulbarga for just 4 and 8 districts respectively but for 26 districts of West UP and 75 districts of UP, the present PM – Narendra Damodardas Modi even after completing 2 years in officeis not creating even a single more bench in not just West UP but in any hook and corner of UP which has 75 districts and is bigger than many countries put together and where we see maximum incidents of crime happening especially in West UP!

Dr Satyapal Singh who is the former Mumbai Police Commissioner and presently represents Baghpat constituency raised most forcefully the pressing issue of setting up of a high court bench issue in Lok Sabha on March 9, 2016. He pointed out how despite UP having more than 22 crore population and 75 districts has least benches and West UP has none! Should we proud of this? He rightly said that, “I had raised the issue of the HC bench in the Lok Sabha on Wednesday. This is not only a need for lawyers but also the need of the common people as well. There should be a bench in Meerut, Agra, Gorakhpur, Varanasi and Jhansi. If the Lucknow bench of HC can be created for 12 districts, why can’t we have 4-5 separate benches for all the 75 districts in the state? The first war of independence began from Meerut and the movement to provide affordable justice to people should also start from Meerut. I have already written a letter to PM Modi and I will write to him again. We don’t need the consent of either the state government or the CJ of the Allahabad HC”. How tragic that PM Modi just ignores his legitimate demand! Former PM Atal Bihari Vajpayee too had forcefully raised it in Parliament way back in 1986 and demanded the setting up of a high court bench in West UP!

Rajnath Singh who is number 2 in the present NDA government holding Home Minister portfolio too recently assured the creation of a high court bench at the earliest when a delegation of lawyers from West UP met him. He admitted that there was a dire need of a bench in West UP but wants more time. How much more? How many more people will be sacrificed before Centre finally decides to act?

Two years have already passed since this government came to power in Centre and now it must walk the talk and waste no time in creating a high court bench in West UP. Where the bench is created is not relevant. What is relevant is that a bench must be created at the earliest as the people have to travel so far all the way to Allahabad which is about 750-800 km away on an average from most of the districts of West UP and suffer all sorts of inconveniences! It is the “poorest of poor” who suffers the most in this but PM Narendra Modi while wastes no time to hold rally in West UP at Saharanpur considers it below his dignity to even mention the creation of a high court bench in West UP!

Isn’t it shocking that lawyers of West UP while protesting the non-implementation of Justice Jaswant Singh Commisssion report of setting up of 3 benches in West UP decided to go on strike every Saturday since May 1981 and 35 years later they are still now in 2016 following on the same track of going on strike every Saturday but to no avail? Isn’t it shocking that lawyers of West UP even started going on strike for 2 days in a week – Wednesday and Saturday but Centre refused to budge? Isn’t it shocking that lawyers of West UP even went on strike for 6 months in a row in 2001 and earlier also but Centre refused to budge? Isn’t it shocking that lawyers of West UP went on strike for more than 3 months about an year back and ended strike only after categorical assurance from Arun Jaitley of looking into the same yet we see no action on the ground?

In one of the most sensational disclosure ever made in my life time, I was most astonished to read some time back in the Hindi edition of Hindustan newspaper on page 4 that RPN Singh who is one of the leading Congress national spokesperson and former Union Minister whom we all keep hearing in various news channels saying that, “In Congress government’s rule in Centre, Kapil Sibal who was Union Law Minister had written very categorically to UP Government for creating a high court bench for West UP at Meerut and asked the State Government to make available land for creating a high court bench in Meerut. But the request was not granted.” It is most hurting to learn that for more than 9 crore people of West UP, the then Union Law Minister Kapil Sibal wanted a bench to be created at Meerut but the State Government refused and did not grant the land for creating a bench in Meerut!

Just promising to make UP “Uttam Pradesh” without creating even a single more bench anywhere in UP will only tantamount to duping people of not just West UP but of entire UP which is the largest state with maximum population! When the Law Commission itself in its 230^th report had strongly recommended more than seven years ago that more high court benches must be created in India then why only Karnataka alone is the single beneficiary with 2 more benches being created for 4 and 8 districts but not anywhere else? Why is Centre always afraid of creating more benches in UP even though it knows that it is UP alone with more than 20 crore population that needs more benches with West UP needing it most with more than 9 crore population and most crime, riots, murders, loots etc happening in maximum cases here?

When West UP contributes to 75% of the total revenue of UP then why the people of West UP are compelled to travel so far to get justice? Rajinder Chaudhary who is a senior minister in UP CM Akhilesh Yadav’s Cabinet  while addressing lawyers of Meerut Bar strongly recommended creation of 6 more benches for UP and just recently Madhulika Yadav who is Vice Chairman of UP Bar Council pitched her voice very strongly in favour of creation of a bench in West UP. Many Union Cabinet ministers like Rajnath Singh who is our home minister, Dr Mahesh Sharma, Gen VK Singh, etc have too strongly demanded creation of a bench in West UP! Eminent jurist and former Attorney General Soli J Sorabjee, former Supreme Court Bar Association Chairman BN Krishnamani, Ram Jethmalani, Kapil Sibal, and many others have also strongly supported demand of bench in West UP! Ravi Shankar Prasad who is now Law Minister had in his earlier stint himself asked the Chief Justice of UP High Court to give his opinion on creating a high court bench in West UP!

UN Secretary General Ban ki Moon labels UP and not Karnataka as the “rape and crime capital of India” yet Centre sets up 2 more benches for Karnataka and not a single more for UP! UP has maximum pending cases in India among all states – 10 lakhs and not Karnataka which has hardly more than 1 lakh cases. Even West UP with more than 5 lakh cases has more pending cases in India than any other state accounting for more than 57% of total pending cases of UP as was acknowledged by Justice Jaswant Singh Commission report but still Centre is not conceding a bench here! Why is Centre so inflexible on this? Why no flexibility PM when you always vouch to be flexible?

In national interest PM – Narendra Modi you must act fast and order creation of a high court bench immediately not just two to three benches in West UP but also in Bundelkhand at Jhansi and at Gorakhpur where you recently inaugurated a AIIMS hospital and in your own constituency at Varanasi! Will you act? You must in interest of justice! When you can approve smart cities project for Agra and Varanasi then why can’t you approve even a single bench here knowing fully well that your own MPs keep complaining of sharp upsurge in crime in West UP and keep demanding bench regularly? Think!

-Sanjeev Sirohi,

 Advocate,