Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.

» Home
Sunday, April 28, 2024

UP Must Have At Least 10 High Court Benches

Posted in: General Practice
Wed, May 29, 19, 10:08, 5 Years ago
star star star star star
5 out of 5 with 1 ratings
comments: 0 - hits: 8259
crime against women are multiplying most rapidly in UP and this is most felt in West UP which is the worst affected of all the regions of UP.

Let me begin on a very bitter note by pointing out that crime against women are multiplying most rapidly in UP and this is most felt in West UP which is the worst affected of all the regions of UP. Throwing of acid on woman or rape, gang rape, molestation and all other forms of crimes against women and girls are openly being perpetrated in West UP especially as also in UP which is certainly most concerning! While PM Narendra Modi was about to address a rally at Meerut during elections we saw how a woman was raped by a doctor and an attendant right in the hospital itself! Woman is not safe anywhere in West UP! We also saw how a woman was gang raped in Hapur and she then burnt herself in frustration as no strict action was being taken against the culprits?

Why talk about women alone? Even men are not safe here! Policemen themselves are not safe here! Even children are not safe. We just saw how three children were mercilessly killed in Bulandshahr by fearless criminals! Criminals are killing whomever they want with impunity and then we see how they easily manage to get bail and the criminal cases keep pending interminably! This must stop forthwith if a semblance of law and order is to be restored in UP! But how? By ensuring that cases against criminals are decided at the earliest.

How can this be ensured that cases are decided at the earliest against criminals? By setting up at least 10 high court benches in Meerut, Agra, Kanpur, Jhansi, Gorakhpur, Varanasi, Mahoba, Sultanpur, Aligarh, Badaun or at any other place which is in desperate need of the same! This cannot be allowed to fester indefinitely as we have already lost a lot of precious time!

What an unbeatable irony that Allahabad High Court tops with maximum pending cases at 10 lakh and still it has least high court benches – only one at Lucknow for just 8 districts! No other High Court in India has 10 lakh or 9 lakh or 8 lakh or 7 lakh or 6 lakh or 5 lakh or 4 lakh or even 3 lakh cases pending and still some of them have got 3 high court benches like Karnataka, Maharashtra and others but UP has just one bench only! Why this step-motherly treatment for UP?

We are all seeing how Saharanpur is burning after violent clashes erupted between Dalits and Thakurs that left many dead and many injured! We all saw how BSP leader Munawwar Hasan Rana and his 6 family members were brutally killed in Muzaffarnagar!a Many more leaders have been killed since then in West UP and also in other parts of UP! We all know how Meerut and Agra top in the number of incidents of communal clashes and how everyday the local newspapers is flooded with cases of murders, rapes and other heinous crimes! The situation in communally sensitive districts like Aligarh and Kanpur in West UP among others is no better! Still no effort is being made to establish a high court bench here!

This West UP with 26 districts has an area of 98,000 square km which is more than the area of many other states and has a population of more than 9 crore which is more than any other state except Maharashtra and Bihar. Here too areawise West UP is bigger than Bihar which has an area of 94,000 square km. Yet no bench!

It is most hurting to read that dacoits are fearlessly killing innocent people on highway as happened few years back and then in front of their men had the guts to gang rape the 4 women accompanying them just a kilometer away from the Yamuna Expressway in Greater Noida and when one man resisted he was shot in the chest from point blank range who died and others were thrashed badly! This shows the complete lawlessness in West UP! This clearly demonstrates that women are not safe even when accompanied with their entire family! Such incidents keep happening on a regular basis in West UP especially! 2 minor girls were gangraped recently in Moradabad! Criminals fully know that West UP has no high court bench and Allahabad High Court tops in the number of pending cases about 10 lakh pending cases and it would take ages before the cases are finally decided as they keep on lingering interminably and by the time they are decided they would die a natural death and victims would suffer endlessly travelling again and again 800-900 km away from West UP to Allahabad as West UP with 26 districts have no high court bench! This must change now if the fear of law is to be ingrained permanently in the minds of such criminals!

We all know fully well that how a similar incident had triggered huge protests in July 2016 when a mother and daughter were gangraped in Bulandshahar! The then newly appointed Chief Justice of Allahabad 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.

Still you see the irony! Maharashtra has 3 high court benches at Nagpur, Aurangabad and Panaji and now fourth one created at Kolhapur for just 4 districts apart from the high court at Mumbai but West UP has not even a single bench of high court! In UP itself both high court at Allahabad and a single bench at Lucknow are located so close to each other with a distance of just about 150-200 km. Why not a single bench of high court was created in West UP even though Justice Jaswant Singh Commission appointed by former PM late Mrs Indira Gandhi very strongly recommended 3 benches for West UP and hilly areas adjoining it (which now form a separate state – Uttarakhand) at Agra, Nainital and Dehradun? Why women victims have to travel so far away to Allahabad which is about 700-800 km away from most of the districts of West UP and be made to suffer so much for the inordinate delay and made to bear the huge expenses in fighting the case for her right in making sure that sexual offenders are sent behind bars? Uttarakhand whose population in 2000 was about 88 lakh got justice when a separate high court was created for it but what about more than 9 crore people of West UP – 19 years later not even a bench has been created leave alone high court!

It is most shocking and disgusting to see that Uttar Pradesh which is the most populated state in India has least high court benches – only one and that too just 150-200 km away from Allahabad where the high court is located! Why no high court bench for 26 districts of West UP which are about 700-800 km away from Allahabad where high court is located ? Why no high court bench for Bundelkhand region as the districts there too are very far away from Allahabad? Why no high court bench at Gorakhpur to which the present Chief Minister Yogi Adityanath belongs? Interestingly enough, Yogi Adityanath as MP had raised the bench issue in Parliament very vociferously a long time back!

Why when UP which is among the largest States, has maximum population – more than 22 crore as CM Yogi Adityanath keeps pointing out every now and then, maximum districts - 75, maximum constituencies, maximum tehsils – 350, 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 - 75 in high court, maximum poverty, maximum villages more than one lakh as opposed to other states who have not more than few thousands at the most, maximum cities more than 700, maximum fake encounters killings, custody killings, custodial tortures, maximum dowry cases, maximum rape and gang rape cases, maximum acid throwing cases, maximum bride burning cases, 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 former UN Secretary General Ban ki Moon 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?

It is so shocking and disgusting to see that West UP is fast becoming the epicenter of all kinds of crimes, rapes, gangrapes, brutal murders, mass murders, dacoity, robbery and what not! What is even more shocking to see is that all political parties barring Samajwadi Party have openly espoused the creation of a high court bench in West UP but still even after seventy years of independence we see no sign of it happening anytime soon! What is most shocking is that inspite of West UP accounting for more than half of the crime cases all over UP, not a single high court bench has been created here since 1947 till now in 2019 even though a high court bench was created at Lucknow which is just about 150-200 km away from Allahabad way back on July 1, 1948! What an unbeatable irony that Allahabad High Court tops with maximum pending cases at 10 lakh and still it has least high court benches – only one at Lucknow for just 12 districts!

There is zero fear of law in West UP and UP! How long will the government keep tom-tomming the same old argument on lawlessness in West UP and UP? Why no strict action is taken against culprits?

Such criminals know fully well that Allahabad High Court has the highest number of pending cases – about 10 lakh as compared to other states where the number of pending cases don't exceed 1 lakh or at the most 2 lakhs cases! They know that they will easily get bail and by the time cases are finally decided they will die a natural death. This must change which is possible only if at least in my opinion 10 more benches of high court are created in different parts of UP! Such poor, hapless women and girls, for God sake, need more high court benches and not more temples!

But see the unpalatable irony! Politicians are not prepared to create even a single bench anywhere in UP leave alone West UP! It is a matter of great shame that Allahabad High Court which in 2016 on March 17 had completed its 150th year of establishment has the least benches in India – only one at Lucknow and that too just about 150-200 km away from Allahabad! Why no high court bench in West UP at Meerut or Agra or at Jhansi or some other place? We all know that Allahabad High Court is the biggest court in whole of Asia and also the oldest court! Still why it has least benches in India only one which is so close to Allahabad? If Lucknow is capital of UP, Bhopal is also capital of MP, Bhubaneshwar is also capital of Odisha and so is the case with many other big cities which neither have high court nor bench!

Why politicians have ensured that a high court bench was created for Lucknow about 69 years back on July 1, 1948 but not at any other place especially in West UP, Bundelkhand and Gorakhpur even 72 years later? Why Centre decided to create 2 more benches for Karnataka at Dharwad and Gulbarga for just 4 and 8 districts but not a single for West UP with 26 disricts? Why 230th report of Law Commission submitted in 2009 which recommended creation of more benches has only been implemented in Karnataka alone and not in UP, Bihar or other big states? Why Karnataka has just 6 lakh population which is less than the population of even West UP which has 9 crore population, has less than 2 lakh pending cases as compared to UP which has 10 lakh pending cases still 2 more high court benches created for it but not a single more for UP?

When Dr Sampoornanand who was the UP CM way back in 1955 very strongly recommended a high court bench for West UP at Meerut, Jawaharlal Nehru refused as he felt that one bench at Lucknow was enough. The number of pending cases way back in 1948 were not much but see the situation now! West UP now accounts for more than half of the pending cases of total pending cases of UP and UP tops the maximum pending cases state list with 10 lakh pending cases still it has just one high court bench as no more benches were created in UP since 1948! Other states like Karnataka and Maharashtra don't have 10 lakh or 9 lakh or 8 lakh or 7 lakh or 6 lakh or 5 lakh or 4 lakh or 3 lakh or even 2 lakh cases still they have got 3 high court benches but UP has only one! Is this fair?

Why not a single bench of high court was created in West UP even though Justice Jaswant Singh Commission appointed by former PM late Mrs Indira Gandhi very strongly recommended 3 benches for West UP and hilly areas adjoining it which now form a separate state – Uttarakhand at Agra, Nainital and Dehradun? Why women victims have to travel so far away to Allahabad which is about 700-800 km away from most of the districts of West UP and be made to suffer so much for the inordinate delay and made to bear the huge expenses in fighting the case for her right in making sure that sexual offenders are sent behind bars?

Eminent and senior Supreme Court lawyer and former Law Minister Kapil Sibal himself had mentioned that he had recommended a high court bench at Meerut but the then state government led by Akhilesh Yadav refused to endorse it and this was candidly disclosed by former Union Minister RPN Singh himself! It was way back in 1955 that Dr Sampoornanand had recommended a high court bench for West UP at Meerut but even after 64 years we see no bench as Centre had refused then! Similarly many other UP CM had also recommended the creation of a high court bench here but to no avail! Why? Our former PM Atal Bihari Vajpayee had himself raised the demand for a high court bench for West UP in 1986 inside Parliament but even after more than 33 years we are nowhere!

Why can't 10 high court benches be created for UP which has 75 districts which means at least one bench for 7 to 8 districts? Why 2 more high court benches for a peaceful state like Karnataka and not a single more for a lawless state like UP? What is stopping politicians from creating more benches in UP? They must answer! Lower courts in UP has more than 50 lakh cases pending and still we see that there is only one high court bench in UP and that too very near to Allahabad! Why? UP needs more benches and not anti-Romeo squads! UP needs more benches and not more temples!

Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
Sanjeev Sirohi Advocate
Member since Apr 20, 2018
Location: Meerut, UP
Following
User not following anyone yet.
You might also like
India is going on grate path of welfare-state. Mahatma Gandhi's greatest ambition for India was to wipe every tear from every eye
Social justice means a way of life with liberty, equality and fraternity as the principles of life.
BJP after always repeatedly assuring the lawyers of West UP that they will make sure that a high court bench is created soon here as soon as it comes to power has reneged on its tall promises and has done virtually nothing on this score till now
To start with, I say this not as a lawyer of West UP but as a good citizen of India that the unending protest of lawyers of West UP severely affects the litigants who have to wait repeatedly to get justice. But who is responsible for this
It is most baffling to note that Centre since 1947 till 2018 has consistently, callously, blatantly and brazenly disregarded the numerous hardships faced by the more than 9 crore people of West UP in travelling nearly 700 to 750 km
Uttarakhand High Court in the landmark case of Lalit Kumar v Union of India & Ors in Writ Petition (PIL) No. 203 of 2014 dated 12 June 2018 directed the Centre to establish a Regional Bench of Armed Forces Tribunal in the State of Uttarakhand within four months.
West UP which deserved statehood right since 1947 has not even a single bench of a high court since last more than 70 years
High Court of Kerala has in a historic move directed the Indian Railways to treat identity cards issued to lawyers by respective Bar Councils as a valid identity proof to undertake a train journey/travel.
Constitution of Special District Courts to try cases as per the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Foreign law Firms cannot Practice in India, but they are free to give legal advice regarding foreign law on diverse international legal issues on a fly in and fly out basis if it does not amount to practice.
Each and every person who is humane whether he/she is Indian or Pakistani or anyone else is overjoyed on learning the news of the release of Abhinandan
In our country around 5 lakh accidents take place every year and 1.5 lakh deaths occur. In world highest number of deaths due to the accidents take place in India. It is our responsibility to control these deaths and promote road safety.
It was decided unanimously by all the lawyers of 22 districts of West UP to go on strike on November 25, 2019 and observe it as  protest day. The lawyers of West UP are not happy with the statement of Union Law Minister Ravi Shankar Prasad about the creation of a high court bench in West UP
parents of a married son are not entitled to claim filial compensation under the Motor Vehicles Act.
Rambabu Singh Thakur v/s Sunil Arora serious note of the increase in the number of tainted candidates facing criminal cases entering politics. It has issued a slew of directions in this latest, landmark and extremely laudable judgment which we shall discuss later.
J&K High Court Bar Association v. UOI dismissed a Public Interest Litigation (PIL) that sought prohibition of use of pellet guns. How long can security forces restrain themselves if public becomes unruly and start pelting stones, bottles and what not
Harmanbhai Umedbhai Patel vs Bindu Kumar Mohanlal Shahupheld an order passed by the Bar Council of India (BCI) dismissing a complaint alleging professional misconduct by a lawyer. There was no professional misconduct found on the part of the lawyer.
Kangana Ranaut vs Municipal Corporation of Gr. Mumbai restraining the Municipal Corporation of Greater Mumbai from carrying out any further demolition at Kangana Ranaut's residence in Bandra
The Telangana Fire Works Dealers Association vs. P Indra Prakash has modified the order of the Telangana High Court which imposed a complete and immediate ban on the sale and use of firecrackers across the state during Diwali to fall in line with the directions imposed by the National Green Tribunal on November 9
The non-availability of birth certificate is issued when the person does not have a birth proof. One can visit the municipal corporation, gram panchayat or chief medical officer in the area where he or she is born and apply for this document, showing address proof and proofs of 2 more witnesses on an affidavit.
M. Thangaraj (Ex. MC) v. The District Collector, Dindigul to follow the ritual of taking a procession around the temple (Girivalam) has recently on January 18, 2021 observed that all the religious processions should spread positivity and brotherhood and in no manner should be a cause for any communal disturbance.
K Raju v. UOI only senior citizens/parents are entitled to file an appeal against an order passed by the Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.
Kolkata Municipal Corporation authorities to take action against people found slaughtering cattle including cows and/or exhibiting for sale flesh of slaughtered cattle and/or selling cattle meat.
Legal Industry and the Enhancement of the Technology Towards the Progressive Development In An Amicable Manner
Omnarayan Sharma Vs MP issued directions to the District Legal Services Authorities and the State Authority for ensuring implementation of poverty alleviation schemes promulgated under provisions of Legal Services Authority Act, 1987 and NALSA
Javed v Uttar Pradesh that the cow should be declared the national animal and cow protection should be made a fundamental right of the Hindus because we know that when the country's culture and its faith get hurt, the country becomes weak.
The ‘Green Channel’ is an automated and transparent system for gaining approval for certain type and combination of mergers and acquisition.
Hasae @ Hasana Wae vs UP that dilution of constitutional autonomy of the High Courts would threaten the concept of judicial federalism envisaged in the Constitution and affirmed by judicial precedents.
Madhya Pradesh vs Pujari Utthan Avam Kalyan Samiti that the presiding deity of the temple is the owner of the land attached to the temple and Pujari is only to perform puja and to maintain the properties of the deity.
Alkesh Vs MP in a case under SC/ST Act, the caste of the complainant is of paramount importance and is a sine qua non and that it can't be assumed that the complainant would forget to mention in the FIR that the assailants had made aspersions against his caste.
The non-availability of birth certificate is a document to register unregistered birth. It can also be used in case the applicant has lost his birth certificate to a fire, flood or any other reason.
a Dalit man named Lakhbir Singh aged 35 years who was a food server with no political affiliation of any kind or any past criminal record would first be beaten black
Prevention of Money Laundering Act (PMLA). Kapil Sibal states The whole Act is an attempt to aggrandize the power of the State.
Char Dham Highway expansion in full court room exchange took the extremely commendable, clear, cogent, composed, courageous and convincing stand that concerns of defence forces cannot be overridden.
Bindu v. Allahabad that as per Article 233(2), a person seeking appointment as a District Judge must be practicing as an advocate for continuous 7 years (without any break) on the date of application.
TC Gupta v. UOI that the petitioner-advocate who in more than one matters, has indulged in filing Original Applications in the Tribunal as well as writ petitions in the High Court and has personally signed the pleadings etc without having been specifically authorized in this regard by the litigants which cannot be glossed over.
Swaran Kaur vs Punjab that entitlement for the grant of family pension to the dependent parents needs to be seen after the widow or the children loose their eligibility for the grant of the said benefit.
Zubair Ahmed Teli Vs. Union Territory of J&K that there is no requirement of prior consideration of the social investigation report by Juvenile Justice Board while considering a bail plea under Section 12 of the Juvenile Justice Care and Protection Act,
Chandrashekhar R vs Karnataka that Articles 25 and 26 of the Constitution embodies the principle of religious tolerance which is a characteristic of Indian civilization disposed of a public interest litigation alleging that the contents of Azan
Suresh Kumar vs CP upholding the dismissal of a police head constable who was caught with 75 dirhams while on duty of checking passengers passports of the Indira Gandhi International Airport in 1996, observing that the police officers who break law must be dealt with iron hands.
Mohd Abdul Khaliq Vs UP that the Central Government would take the request appropriate decision to ban cow slaughter in the country and to declare the same as a protected national animal.
Nikhil Singh Vs UOI that: As would be evident from the chart supplied by Dr KN Singh, learned Additional Solicitor General of India, most of the Airports/Airstrips in the State of Bihar are non-functional.
While striking entirely the right chord as the lawyers anticipated also, we saw how just recently it was none other than the Executive Committee of the Supreme Court Bar Association
Supreme Court Bar Association (SCBA) President Dr Adish C Aggarwala who recently got elected as President after surpassing many of his strong competitors with most strongest being Mr Dushyant Dave
Al Tawaf Hajj And Umrah Travel And Tourism vs UoI that: Haj Pilgrimage and the ceremonies involved therein and the ceremonies involved therein fall within the ambit of a religious practice, which is protected by the Constitution of India.
It is ‘shockingly bizarre’ that UP has maximum pending cases among all States that is more than 10 lakhs in High Courts and about a crore in lower courts and has maximum population
South Delhi Municipal Corporation vs BN Magon that an advocate’s office run from a residential building is not subject to property tax under the Delhi Municipal Corporation Act as a business building.
Meena Pradhan vs Kamla Pradhan that a will is required to fulfill all the formalities required under Section 63 of the Succession Act.
Whenever you are in doubt, or when the self becomes too much, recall the face of the poorest and the weakest man/woman
Top