“The judiciary functions as a bridge between aspirations of the people and the ideals enshrined in the Constitution. It is tasked not only with resolving disputes but also with ensuring that the principles of justice, equality and human dignity are upheld in practice.”- CJI Hon’ble Mr Justice BR Gavai

It has definitely warmed the innermost cockles of my heart and mind to read that none other than one of the most eminent Supreme Court Judge of India who has himself practiced in Allahabad High Court from 1970 to 1991 with specialization in Taxation, Labour Laws and Writ Petition and is one of the most distinguished jurists that India has ever produced known all across the globe and was also appointed Acting Chief Justice of Allahabad High Court in August 2004 and so also was Chief Justice of Madras High Court in November 2004 and also of Delhi High Court in October 2005 has in a eye-opener blog titled: “The Demand For A Western Bench Of Allahabad HC Is Justified” published on September 24, 2025 in website named “Medium” written that:
While I do not approve of blocking roads, I believe that the demand for a bench of the Allahabad High Court in western Uttar Pradesh is fully justified. The reason is simple: litigants of western UP face a huge financial and logistical burden when they are compelled to travel all the way to Allahabad, which is in eastern UP. The Justice Jaswant Singh Committee, after studying the matter in great detail, came to the same conclusion. There are several benches of the Madhya Pradesh High Court and the Bombay High Court. Similarly, the Madurai bench of the Madras High Court, which was created in July 2004 when I was Chief Justice of that court, was established for the very same reason: litigants in southern Tamil Nadu found it prohibitively expensive and inconvenient to travel to Chennai in the north. On exactly the same logic, there is no reason why western UP should be denied a bench of the Allahabad High Court.

Opposition from Allahabad Lawyers
The only real opposition comes from lawyers at Allahabad. Their fear is not hidden — they worry that their incomes will decline because many wealthy clients come from western UP, while eastern UP is relatively poor. But this argument cannot stand. The judiciary exists to serve litigants, not lawyers. Convenience and access to justice for the people must be the overriding consideration, not the professional interests of advocates in Allahabad.

Conclusion
Therefore, the demand for a western UP bench of the Allahabad High Court is not only reasonable and just, it is long overdue. Justice delayed by distance and financial hardship is justice denied.” I fully endorse what former Supreme Court Judge – Hon’ble Mr Justice (Retd) Markandeya Katju has pointed out hereinabove in detail which I have quoted and I too don’t support blocking of roads but lawyers of West UP resort to it for a very short span of time because no one is listening to them and only to draw the much needed attention of the Government to the most legitimate and compelling dire demand for a High Court Bench in West UP! Even BBC News has pointed out glaringly very recently that West UP despite owing for majority of pending cases of UP has been mercilessly denied even a single High Court Bench and now whole world is talking about it how Centre is most mercilessly trampling upon what is enshrined in Article 14 of Constitution even though it is West UP which contributes hugely more than half to the State’s total economy only to see its poorest litigants being punished in this dastardly manner so ruthlessly!

It is definitely absolutely mind blowing to see that West UP whose area of 98,000 square km is even more than that of Bihar of 94,000 square km which has High Court but West UP has not even a single High Court Bench nor even a single High Court Circuit Bench yet neither Centre which gets people’s mandate nor Supreme Court which is the final custodian of protecting the fundamental rights of people ever bother to even seriously think about it! The population of West UP is more than nearly all the States in India yet has not even a single Bench! Pragmatically speaking, it would have been far much better if West UP with 30 districts and more than 10 crores people had multiple High Court Benches! But what is most bone-chilling to note is that West UP does not have even a single High Court Circuit Bench since last nearly 80 years of independence yet Apex Court has never dared to willingly take suo motu cognizance of this “open fraud”, “open dacoity” and “open molestation” with what is enshrined in Article 14 of Constitution pertaining to “right to equality” which is a fundamental right for all citizens of India!

Hon’ble CJI Mr BR Gavai very sagaciously pointed out precisely observing that, “To get justice to the man standing at the last mile was important and thus, there has to be decentralization of the judicial system.” This definitely hundred percent applies to West UP and lawless Bihar also! How long will Centre keep fudging, keep fuming needlessly and keep forwarding lame excuses and keep dilly-dallying on such a most pressing issue for an inordinately long spell of time? The common refrain among people is: For how long will more than 10 crore people of West UP be denied even a single High Court Bench by Centre on most baseless grounds?

The incumbent CJI – Hon’ble Mr Justice BR Gavai on June 26, 2025 while speaking at his felicitation that was organized by the Advocates Association of the Aurangabad Bench of Bombay High Court has said most strongly that he supported the demand to set up a Bench of the Bombay High Court at Kolhapur in Western Maharashtra for 6 districts stating that justice should be available to every citizen “in every corner”. He said that:
Every time there is a demand for Kolhapur Bench of the Bombay High Court in Western Maharashtra, I have supported it and given the example of the Aurangabad Bench. More cases are filed in the Aurangabad Bench now than those in the Bombay Bench of the High Court.” To be sure, the incumbent CJI – Hon’ble Mr Justice BR Gavai whose home State is Maharashtra further hastened to add that:
It is not financially possible for everyone to come to Bombay (Mumbai) for each and every hearing. Every citizen in every corner should get justice without having to spend much time and money.” Absolutely right! No disputing it!


Honestly speaking, from the same angle, CJI Mr Justice BR Gavai must also introspect seriously that why 30 districts of West UP with more than 10 crores people not just 1.64 lakh people like we see in Kolhapur in Maharashtra where fifth High Court Bench approved for just 6 districts which has started functioning also from 18.08.2025 and still have been most callously denied for so long even a single High Court Bench for whom the architect of Constitution – Dr BR Ambedkar had most vociferously recommended also separate Statehood itself and separate High Court due to which poorest litigants have to travel whole night and nearly a day all the way till Allahabad to seek justice which in itself is the biggest betrayal of Constitution, deepest burial of justice and worst mockery of poorest litigants of West UP? This is because CJI is Chief Justice of India and not just Chief Justice of Maharashtra only and so he must definitely ensure equality in distribution of High Court Benches among all the States which most unfortunately we don’t see happening right now! Most disgusting indeed! How long will few elite States always be coddled, even at the cost of truth that it is UP which tops the States list in having maximum number of pending cases and still only one Bench in Eastern UP so close to Allahabad but West UP which owes for majority of pending cases of Allahabad High Court has no High Court Bench, not even a single High Court Circuit Bench! Yet Supreme Court has never bothered to do anything on this!

It is definitely as clear as broad daylight that which State needs more High Court Benches! It is UP which tops the State list in having maximum number of pending cases in India and here too it is West UP which owes for majority of the pending cases of UP as was conceded even by Justice Jaswant Singh Commission itself and contributes maximum to State’s economy yet accorded step-motherly treatment as UP has just one Bench so close to Allahabad High Court at Lucknow since July 1948 when even Constitution had not been enacted and lawless Bihar has still not even a single Bench despite its population being more than most of the States except UP! This is the real tragedy and real worst discrimination in distribution of High Court Benches in different States! How can any CJI ever decide to remain wholly silent on this shocking, shameless and senseless discrimination? Denial of even a single Bench to West UP is wholly untenable and needs to be given a Bench at the earliest without any more dilly-dallying now!

Can any sane person on earth in his right senses ever support setting up of both High Court and a single Bench for the most populated State of India with more than 25 crores population which is more than Pakistan that is Uttar Pradesh in a particular region that is Eastern UP with High Court at Allahabad and a single High Court Bench in Lucknow so close to each other and then most ruthlessly attach litigants of 30 districts of West UP and hilly areas of undivided UP with not even Lucknow which falls much earlier but right uptill Allahabad that is much far away which ultimately culminated in huge agitation for separate Statehood by people of hilly areas and Uttarakhand was created 25 years ago on November 9, 2000 with separate High Court?

Why only a handful of five elite States – Maharashtra, Madhya Pradesh, West Bengal, Karnataka and Assam alone have multiple High Court Benches and on what basis even though 230th Report of Law Commission of India headed by former Supreme Court Judge – Late Dr AR Lakshmanan comprising also of eminent legal luminaries had most strongly recommended multiple High Court Benches for all States? Let us not be held hostage by the past and let the past bury its dead. This most core, critical and compelling issue of setting up of high court bench in West UP and lawless Bihar will definitely keep rearing its head till it is permanently settled once and for all by doing the needful in this direction!

Leave alone creating two High Court Benches in Uttar Pradesh as in Karnataka with population of just 6 crores less than even West UP in 2008 in one fell swoop first as High Court Circuit Benches and then in 2013 as permanent High Court Benches for just four and eight districts only at Gulbarga and Dharwad respectively, Centre for 30 districts has most appallingly kicked out the most strongest recommendation that had been made by Justice Jaswant Singh Commission headed by a former Supreme Court Judge appointed by Centre itself for creation of High Court Bench in West UP at Agra in mid 1980s while having just no compunction to create High Court Bench in Aurangabad in Maharashtra for just 9 districts which already had multiple High Court Benches in Nagpur for just 10 districts and at Panaji for just 2 districts! As if this was not enough, we see most recently fifth High Court Bench in Maharashtra at Kolhapur in Western Maharashtra has started functioning from 18.08.2025 for just 6 districts with shockingly only just 1.64 lakh people! What is happening in our country? If this is not biggest cheating by Centre in Indian history then what else is? In 2014, we saw how Telangana with just 3.5 crore people given separate Statehood itself on June 2, 2014 and so also separate High Court at Hyderabad and separate capital and Andhra Pradesh also separate High Court at Amaravati and a High Court Bench also approved by State Assembly at Kurnool and another at Visakhapatnam is under consideration!

The Aurangabad Bench of Bombay High Court has jurisdiction over just nine districts: Ahmednagar, Aurangabad, Beed, Dhule, Jalna, Jalgaon, Latur, Nanded, Osmanabad and Parbhani. It serves the Marathwada region of Maharashtra and created in 1980s as recommended by Justice Jaswant Singh Commission which recommended maximum 3 High Court Benches for undivided UP including permanent Bench for West UP yet not one created culminating in partition of Uttar Pradesh 25 years ago! Also, the Nagpur Bench of Bombay High Court has territorial jurisdiction over just ten districts of Nagpur, Akola, Amravati, Bhandara, Buldhana, Chandrapur, Gadchiroli, Gondia, Wardha and Yavatmal. Panaji Bench of Bombay High Court has jurisdiction over mere two districts – North Goa and South Goa. The Andhra Pradesh High Court Bench at Kurnool has jurisdiction over just eight districts of Rayalaseema. The Gwalior Bench of Madhya Pradesh (MP) High Court covers only five districts – Gwalior, Shivpuri, Guna, Datia and Ashoknagar. The Indore Bench of MP High Court has jurisdiction over 13 districts of Alirajpur, Barwani, Dewas, Dhar, Indore, Jhabua, Mandsaur, Neemuch, Ratlam, Rajgarh, Shajapur, Ujjain and Khargone (West Nimar). The Jalpaiguri Bench of Calcutta High Court in West Bengal has jurisdiction over only four districts – Darjeeling, Kalimpong, Jalpaiguri and Cooch Behar. Port Blair High Court Bench of Calcutta High Court has jurisdiction not over a district but only Union Territory of Andaman and Nicobar Islands. The Gulbarga High Court Bench of Karnataka High Court had initially jurisdiction over just four districts of Bidar, Bijapur, Gulbarga (Kalaburagi) and Raichur and then expanded to cover six districts including Yadgir and Bellary. The Dharwad Bench of Karnataka High Court has jurisdiction over just 8 districts of Bagalkot, Dharwad, Bellary, Belgaum, Gadag, Haveri, Uttara Kannada (Karwar) and Koppal districts.

It goes without saying that how much discrimination Centre is perpetrating most ruthlessly and most mercilessly is quite palpable from the most irrefutable fact that the total population of Karnataka is just 6 crore and it has separate High Court and multiple High Court Benches just like Assam with just 4 crore people and Madhya Pradesh with just 7 crore people and West UP with more than 10 crore people is being denied even a single High Court Circuit Bench! The population of Maharashtra is less than half of Uttar Pradesh’s population yet has so many High Court Benches! There is also a deeper question at play: What is Centre achieving by denying West UP and lawless Bihar from having even a single High Court Bench and whom is it appeasing by doing so?

The most critical question is: Why Supreme Court never dares to lash out ever at this most brazen, blind, brutal, blatant and baseless discrimination perpetrated in distribution of High Court Benches in not only different States but also different regions like in UP it is only Eastern UP alone which has both High Court and High Court Bench leaving other regions completely unrepresented including hilly areas as long as it formed part of UP, West UP, Purvanchal and Bundelkhand? Why the hell Supreme Court has tolerated most absurdly for so long and is still tolerating such most worst form of dastardly, divisive and double standard absurd discrimination perpetrated against different regions of same State like in UP or between different States and so also in allocating Statehood to different States?

To put it gently, it would not be completely off the mark to say that it is West UP where High Court should now be shifted as majority of pending cases are from West UP as was conceded by Justice Jaswant Singh Commission also! But what I find most deeply unsettling and so also most perplexing to note is that West UP has not even a High Court Bench nor even just a High Court Circuit Bench and still Supreme Court says nothing! When will it speak up? It must speak up now fearlessly in the interest of justice so that the poorest litigants of West UP stands to gain the most and don’t just keep on suffering endlessly with no end in sight for no fault of theirs!

One must candidly ask: Why is it glossed over that even most eminent legal luminaries and stalwarts like late Mr Ram Jethmalani, late Mr Soli J Sorabjee, Mr Kapil Sibal etc have all time and again reiterated the dire need for setting up a High Court Bench in West UP? Why is it conveniently ignored that Sorabjee himself as Attorney General of India had said in 2001 that:
Centre can create a High Court Bench in West UP without any recommendation from the State Government or the Chief Justice or Governor”? It was in 2001 that lawyers of West UP went on 6 months strike from July to December and so also 6 months strike in 2014-15 apart from Saturday strike since last about 50 years and so many other strikes including hunger strike also for High Court Bench in West UP!

Why is it also not taken into account that Mr Kapil Sibal as Union Law Minister had recommended for High Court Bench in West UP at Meerut in UPA regime? Why is it ignored that even former Supreme Court Bar Association President BN Krishnamani had said that:
Only by the creation of a high court bench in West UP will the people living there get real and effective justice. It should not be denied to them rather should be given at the earliest.”

With a very heavy heart, I want to say that Centre has been most biased in denying West UP even a single Bench! You don’t need a telescope to see that which State should have maximum High Court Benches as it is the most populated State of India with maximum number of pending cases! How long will Supreme Court be in hibernation mode on this count and keep watching with folded hands like a spectator with 79 years already flown under the bridge of time? It has to be acknowledged with grace that denial of even a single High Court Bench to West UP which owes for majority of pending cases of UP which is also highest for any region in India is not only most dangerous and most deleterious but also most disastrous, most despicable and most discriminatory indeed!

My point is very clear: This definitely cannot under any circumstances continue endlessly! I am of the considered view that Centre is taking far too long for deciding in an “open and shut” case of High Court Bench in West UP! What I find really most troubling and so also most demoralizing is that this key issue directly pertains to judiciary and it is a grave violation of what is envisaged in Article 14 about equality in Constitution yet Apex Court also has most astoundingly and inexplicably desisted in last nearly 80 years of independence in taking a proactive stand on it and in ensuring that West UP has a High Court Bench so that the litigants don’t keep on suffering endlessly!

It is a no-brainer that if Supreme Court still does not act soon in ensuring complete impartiality in creation of High Court and High Court Benches and so also High Court Circuit Benches in different States and different regions then it will be squarely held responsible for denigrating, denuding and destroying its own reputation in eyes of people of being totally impartial in dispensation of justice! There can be thus just no gainsaying that Apex Court and so also Centre must definitely always remember itself the permanent validity of the time-tested dictum that:
Justice must not only be done but also must be seen to be done.” No denying it!

Will creation of more High Court Benches ensure or hinder the rule of law? No prizes for guessing the clear writing on the wall! Why the most legitimate voice of the litigants of West UP for a High Court Bench has been throttled for so long despite West UP owing for majority of pending cases of UP and contributing to more than 80% of State’s economy? The crux of the problem is: Centre is least interested in taking any pains to seriously resolve this long pending issue which definitely has to be roundly and most strongly condemned!

Why is Centre so ambivalent and inimical in taking any proactive step that goes a long way in resolving this key issue at the earliest? One can’t fathom that why Centre has behaved so partially, so irrationally and so undemocratically that the most populated State of India with maximum number of pending cases was given only one Bench and that too very close to Allahabad itself and worst of all attached litigants of West UP and hilly areas of undivided UP with not even Lucknow which is more than 230 km earlier but right uptill Allahabad as if India was still being ruled by colonial Britishers with even Lahore in Pakistan closer to West UP as compared to Allahabad High Court? This is exactly that has led to catastrophic results and culminated in partition of UP into UP and Uttarakhand in 2000 because Uttarakhand was denied even a Circuit Bench as long as it formed part of UP even though Justice Jaswant Singh Commission had recommended two High Court Benches at Dehradun and Nainital! This begs the all-important question: Will any democratic country behave in such autocratic manner?

Is this democratic or autocratic style of functioning? Is Centre really serious in addressing it? Centre’s approach in this regard in last nearly 80 years has been most diabolically outrageous and has to be most strongly condemned! Why these elected representatives are behaving like monarchs depriving the people from having easy and affordable justice at doorsteps is truly incomprehensible? The genie is now out of the bottle and so Centre must now act most promptly!

No doubt, Centre needs to take off the rose coloured glasses and see the ground reality on how partially it has acted by depriving West UP from having even a single Bench for so long! Plainly speaking, why can’t Centre be more accommodative in its approach in ensuring to say the very least multiple High Court Benches for big States like UP, Rajasthan and Bihar? In the final analysis, the question that will have to be answered is: Why is Centre so miser in most needy and big States like UP, Bihar and Rajasthan which all must have multiple High Court Benches but have either one or none which makes for most depressing reading? When PM Modi talks of “Nagrik Devo Bhava (the citizen should be served like God), it’s a statement of aspirational hope and just a myth, not a lived reality because litigants of 30 districts of West UP have to travel by train whole night and nearly a day all the way till Allahabad to seek justice which in itself is the biggest injustice that cannot be ever justified nor can be just glossed over! What is at stake is the right of the litigants to get speedy and affordable justice at doorsteps!

Why this High Court Bench issue in West UP has most mysteriously remained in limbo for so long? When will the creation of a Bench in West UP reach its final leg? Why can’t Centre bury the hatchet and move forward to balance the regional imbalance of Eastern UP having both High Court at Allahabad and a single Bench at Lucknow so close to each other and West UP inspite of owing for majority of pending cases of UP for whom Justice Jaswant Singh Commission recommended permanent seat of High Court Bench yet even after nearly 50 years not even a Bench created nor even a Circuit Bench created! What I find most deeply unsettling is that even now we see that neither the Supreme Court nor Centre is ready to open its eyes and take most concrete action to dismember the most historical, Himalayan blunder committed about 80 years ago! Denying West UP and Bihar even a single High Court Bench is not just illogical but also deeply insensitive, deeply flawed and most deeply discriminatory also that has gone unnoticed, unchecked and unaddressed for so long!

I must add that it is certainly high time now and the worst discrimination that has been perpetrated in judiciary itself since last 75 years of completion of Constitution must be definitely addressed at the earliest! Let me say this with full sense of responsibility: Frustration stems in minds of litigants of West UP due to no Bench in this region inspite of such a huge population of more than 10 crores which is more than majority of the States in India and so also majority of the countries in the world and so also owes for majority of pending cases of Allahabad High Court which is maximum not just among all regions of UP but also among all other regions of India yet has not even a Circuit Bench! The interminable delay in resolving this long lingering High Court Bench issue in West UP cannot be ever justified or condoned on any pretext whatsoever and is most jarring!

It is high time and Centre must now appreciate that High Court Benches are tools to be used to strengthen speedy justice and “justice at doorsteps” as recommended most strongly and most sagaciously by the 230th Report of Law Commission of India prepared under Chairmanship of former Supreme Court Judge Late Dr AR Lakshmanan and other legal experts for all States and High Court Benches are not some gold ornaments to be just locked up in few elite States alone as per ruling elite own whims and fancies as we see most unfortunately and most disgracefully since last nearly eight decades! More broadly, Centre must take a holistic view and address it by keeping at the back of mind the most serious problems faced by litigants of West UP in travelling so far till Allahabad which practically is most severe punishment and biggest injustice than process to achieve justice and still for nearly 80 years has gone unchecked! How long will Supreme Court also keep turning a blind eye to it just like Centre? It must now immediately take suo motu cognizance of this long pending High Court Bench issue in West UP at the earliest as it brooks no more delay any longer now and not just keep leaving the poorest litigants of West UP at the whims and fancies of Centre as we have been witnessing most unfortunately since last about 80 years!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh.