It definitely cannot be ever taken lightly by anyone that none other than the Oudh Bar Association which enjoys an impeccable reputation nationwide has written to the Chief Justice of India (CJI) Hon’ble Mr Justice Surya Kant raising grave concerns over stigmatic and demoralizing remarks made by the Supreme Court against Allahabad High Court Judges as pointed out in the “Bar and Bench” webportal. It must be mentioned that the Apex Court ruling that prompted the letter was passed in the case of Chetram Verma v. State of UP 2026 LiveLaw (SC) 141 where a Bench of Apex Court comprising of Hon’ble Mr Justice JB Pardiwala and Hon’ble Mr Justice KV Viswanathan set aside a bail order by the Allahabad High Court in a dowry death case and made scathing remarks against the Allahabad High Court Judge – Hon’ble Mr Justice Pankaj Bhatia who recused himself from hearing a bail matter and requested that bail cases not be assigned to him in future, stating that certain observations had a demoralizing and chilling effect on him. He also pointed out that:
Although it is well known that there is no judge who can claim that his order has never been set aside or interfered with, I also feel from the perusal of the judgment of the Supreme Court that the bail order granting bail was apparently subject to interference.”
Adding more to it, he further said that:
However, the observations made by the Supreme Court in the Judgment, particularly in paras 4 and 29, have had a huge demoralising and chilling effect on me.” It must be laid bare that the development follows a February 9, 2026 judgment of the Apex Court in a case filed by Chetram Verma who challenged a bail order that had been granted by Justice Bhatia on October 10, 2025.
It must be noted that the Oudh Bar Association in its letter to the CJI Hon’ble Mr Justice Surya Kant drafted by Pt S Chandra who is President of Oudh Bar Association of High Court of Lucknow and Lalit Kishore Tiwari who is General Secretary of Oudh Bar Association of High Court of Lucknow points out stating that:
The Oudh Bar Association is our association working since 1901 and has actively participated in protection of rights and liberties of the poor, oppressed and Suppressed class. It’s the Oudh Bar Association which always portrays a role of a bridge between the Suppressed class and the benches who deliver justice to them. In working for the oppressed and suppressed class we are also aware about our rights and the rights of the members of the legal fraternity. It is the Oudh Bar Association which has taken initiative to stand for what is right and just, we also draw and interpret as to what is a fine line between what is just and reasonable. Working as a soldier of protecting rights and liberties, we cannot let any organization, institution or any machinery to oppresses the soldiers in black robes throughout the country. Any movement which would affect the rights and liberties of a lawyer would also not go unseen by the Oudh Bar Association, Lucknow.
My Lord, you are Head and Guardian of Indian Judiciary & Judicial System is growing in your able guidance across the India. Our judicial system moves on the parallel wheels propelled by the unwavering faith of the litigants strong enough in their belief of getting justice through impartial system manned by judges with maximum output working under already stressed mounting pressure of ever increasing pendency of cases wherein judges of high courts sometimes unfortunately made to feel the impact of unexpected remarks made by the Apex Court on judicial side in its appellate jurisdiction which is felt to be demoralising effect on their judicial mind adverse to the capacity a judge in the dispensation of justice. It has also been made it clear that criticize erroneous judgments but not stressed Judges but despite all such Settled views there is sometimes overreach by our Apex Court in passing remarks on the capability of judge under impugned order which has serious jolting psychological effect on his or her judicial mind.
The remarks by Supreme Court sitting in appellate Or extra ordinary jurisdiction on the order judgment passed by judges of High Court if stigmatic has chilling effect on the working capacity of a particular judge whose justice delivery capacity is unquestionably appreciated by the members of the Court Annexed Bar at large. The High Court of Uttar Pradesh sitting at Lucknow and at Prayagraj is functioning with less number of Judges against its actual capacity as such ever increasing pressure of mounting work load even of fresh cases which has cascading effect on the already stressed performance upto the hilt in the justice delivery system as such when any remark adverse to their capacity of sound judicial approach is bound to demoralise the particular as happened with Judge sitting at Lucknow in bail jurisdiction who unfortunately found himself under chilling effect of the remarks passed by the Apex Court under it appellate jurisdiction.
The Bar is the mother of the Bench and is best judge to assess the performance of every Judge in Justice delivery system running on two parallel wheels of Justice as such any remark by Apex Court adverse to the dignity of judge on judicial side has no doubt chilling effect not only on the particular Judge but on members of the Bar at large. Wherefore, it is most respectfully prayed to your Lordship that kindly advise to all accompanying Hon’ble Judges to avoid adverse remark on the Hon’ble Judges of High Court, Uttar Pradesh while deciding the case in appellate jurisdiction and it is further prayed that your lordship may kindly be pleased to review and expunge the adverse remark in judgment and order dated 09-02-2026 passed in Crl.Appeal No.770/2026 arrising out of SLP (Crl.) No.19237/2025 against the Hon’ble Judge, to keep high the moral and working capacity of Hon’ble Judges at High Court of Uttar Pradesh for maintaining transparent, fearless and independent judicial system in the interest of Justice.”
In hindsight, it may be recalled that earlier also, the Apex Court Bench led by Hon’ble Mr Justice JB Pardiwala and also comprising Hon’ble Mr Justice Mahadevan had to modify its August 4, 2025 order to make Hon’ble Mr Justice Prashant Kumar of the Allahabad High Court to sit on a Division Bench with a seasoned senior Judge of the High Court and that the Chief Justice would not assign any criminal matters to him. It must be laid bare that the move follows very serious reservations expressed by the then CJI Hon’ble Mr Justice BR Gavai against the order and a letter signed by thirteen senior Judges of the Allahabad High Court calling to defy the Supreme Court’s order. It may be recalled that The Times of India had reported last year that the then CJI Hon’ble Mr Justice BR Gavai and several senior Judges had expressed serious reservations about the tone and tenor of the directions that had been issued by the Bench led by Hon’ble Mr Justice JB Pardiwala.
One fervently hopes that Hon’ble Mr Justice JB Pardiwala who is touted by some as the “most fearless judge” of Apex Court till date since independence speak out fearlessly as to why Uttar Pradesh which has maximum pending cases and maximum population has only one High Court Bench created 78 years ago at Lucknow so close to Allahabad and nowhere else even though Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended permanent seat of High Court Bench in West UP at Agra about 50 years ago yet not even a Circuit Bench created till date and Maharashtra which already had multiple High Court Benches at Bombay, Nagpur and Panaji was given one more at Aurangabad as recommended and now one more fifth High Court Bench created in Kolhapur for just few districts which started functioning from August 18, 2025 but for West UP with 30 districts and more than 10 crore people not even a single High Court Circuit Bench created till date! The moot question that crops up immediately in my mind on hearing this is: Why we see no democratic spirit in our country in the distribution of High Courts and High Court Benches and High Court Circuit Benches in different States and different regions in our country? The most germane question to ask here is: Who is masterminding such blind, brutal, baseless and blatant discrimination perpetrated in distribution of High Court Benches in different States and different regions?
It is absolutely most baffling rather gut wrenching to say more appropriately that both Supreme Court and Centre in last about 80 years of independence most inexplicably feel that Allahabad High Court which is biggest High Court in not only just India, in not only just Asia but also in whole world should have only one High Court bench so close to Allahabad at Lucknow and nowhere else which is the biggest national disgrace and lawless Bihar has not even a single High Court Bench nor Circuit Bench just like Orissa! Why only five elite States have multiple High Court Benches – MP, Karnataka, Maharashtra, West Bengal and Assam? Why West UP which ideally should have separate High Court and separate Statehood due to its huge population and pending cases owing for majority of pending cases of UP which is highest for any region in India has not even a High Court Bench nor even a Circuit Bench to say the very least for so long? Why is Supreme Court and so called “most fearless Judges” like Hon’ble Mr Justice JB Paridwala sleeping on this? This key issue affects billions of litigants across so many States and regions which alone explains why 230th Report of Law Commission of India recommended creation of High Court Benches in different States yet after nearly 17 years gathering only dust!
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh
