CENTRE MUST APPROVE HC BENCH IN MEERUT PROMPTLY

It is a matter of some solace that none other than the MP from Meerut – Shri Rajendra Agarwal has himself yet again most recently on December 7, 2021 like in the past has most politely yet most powerfully raised vocally the legitimate demand for a High Court Bench in West UP which is the crying need of the hour also. Apart from him, we have seen how time and again the most compelling demand for a High Court Bench in West UP has been raised time and again not just by MPs from Opposition parties but also by MPs from ruling party that is BJP as for instance Sanjeev Baliyan, Satya Pal Singh and others but Centre till now has not taken any action in this regard. It is high time and Centre must see the clear writing on the wall and promptly approve a High Court Bench in West UP so that the more than 9 crore people of more than 20 districts of West UP are not compelled to travel whole night and half a day all the way to Allahabad to attend court hearings which makes just no sense at all!

On the date of writing this piece that is on December 8, 2021, the lawyers of all the districts of West UP are again on strike demanding the creation of a Bench in West UP at Meerut which is an age old demand that is since independence. The decision was taken at the meeting of the High Court Bench Central Sangharsh Committee held at Gautam Buddha Nagar unanimously. Even in the past the lawyers of West UP have been on strike several times but Centre is yet to take a call on this!

Needless to say, Centre must now realize that the lawyers of West UP don’t want ever to strike as it is the lawyers livelihood that gets worst affected because of the strike. It is Centre’s persistent groundless denial of a High Court Bench to West UP since independence that lawyers are compelled to go on strike. Who can know better than the lawyers of West UP that how much the litigants have to suffer immensely and endlessly due to no High Court Bench being created here? It is the “poorest of the poor” who have to suffer the most as they have to spend extra money to travel all the way to Allahabad and then spend money for staying there in some lodge and then spend again on hiring lawyers which they find unable to but they have just no other option as there is no High Court Bench in any of the districts of West UP!

As we saw, Shri Rajendra Agarwal while raising most vocally the legitimate demand for a High Court Bench at Meerut for more than 20 districts of West UP very rightly underscored that justice which is dispensed after a huge delay is useless. He pointed out that of the cases pending in High Court, the maximum cases were from West UP which further necessitates the demand for a High Court Bench here! He also emphasized that if justice is not imparted speedily then it abets crime which no civilized society can ever tolerate or accept. He also pointed out that in UP jails more than 5 lakh prisoners are there and more than 2 lakhs are in jail for a term more than the maximum term for which the offence for which they are accused entails. This is most dejecting to see!

Furthermore, the MP Shri Rajendra Agarwal also pointed out that there is paucity of High Court Benches in UP. It is the biggest state of India with maximum population of more than 24 crore and still has just one High Court Bench at Lucknow for just 12 districts and which is just about 200 km away from Allahabad where High Court itself is located! The rest of UP is left high and dry! The whole state is depended on Allahabad alone for justice.

It is worth noting that he pointed out that even West UP is attached with Allahabad which is far away even from Lucknow! He also pointed out that on basis of population and distance also the people are unable to get speedy and easy justice. It is due to this that in West UP the agricultural land and also the shop and the house have to be sold.

In addition, he also lamented that it was in 1955 that the then UP CM Sampoornanand had recommended High Court Bench for West UP at Meerut still there is no High Court Bench more than 66 years later! He also pointed out that Justice Jaswant Singh Commission headed by Justice Jaswant Singh who was a retired Supreme Court Judge had recommended multiple High Court Benches for UP but not one was created even though Benches were created for other States like in Maharashtra in Aurangabad which already had 2 Benches at Nagpur and Panaji and so also at Madurai in Tamil Nadu and Jalpaiguri in West Bengal! He demanded High Court Benches for UP at Meerut, Agra and Gorakhpur.

It must also be mentioned here that our seniors used to tell us that in 1978 the lawyers went on hunger strike for a month yet Centre never bothered to create a High Court Bench in West UP! Even in 2001 when I too was a young lawyer we saw how for 6 months from July to December 2001, the lawyers of West UP went on strike but Centre has never cared in seriously pondering on the creation of a High Court Bench here which is the crying need of the hour and which no legal luminary can ever deny! From May 1981 till now the lawyers of West UP have been on strike for a High Court Bench and even after more than forty years we see Centre not taking any action in this regard! Even in 2014-15, we all had seen how for about 4 months, the lawyers of West UP were on strike demanding the creation of a High Court Bench in West UP yet Centre did nothing except giving empty assurances!

I really just can’t help wondering when alone and free that why Centre can’t create a High Court Bench in West UP! We all saw how in 2008 Centre approved 2 High Court Benches for Dharwad and Gulbarga for just 4 and 8 districts respectively first as circuit benches in 2008 and then later as full Benches in 2012 even though the population of whole of Karnataka is just about 6 crore and that of West UP is more than 9 crore and still there is not even a High Court Bench! Nothing on earth can be ever more unfortunate than this!

Let me put this on record: It is high time and Centre must at least now pay heed to what its own MPs like Rajendra Agarwal among others keep raising in Parliament and not just keep giving evasive replies on it. Make no mistake: Centre is fully prepared to create a High Court Bench in UP without any recommendation from either the Chief Justice or the Chief Minister or anyone else. So it must stop dishing out lame excuses and act promptly to create a High Court Bench in West UP!

Let me be very candid in telling this: If Centre does so, it will do a yeoman’s job in helping the poor to get justice without travelling so far whole night and half a day all the way to Allahabad! Moreover, its own prestige will increase among the farmers also which presently is at its all time low and so BJP should stop being on the denial mode and listen to what its own MPs are telling so openly right in Parliament itself. This vexed issue directly affecting the litigants of West UP as also the people from other needy regions in UP must be addressed at the earliest!

Let’s fervently hope so that Centre will act accordingly and fulfill the age old aspirations of more than 9 crore people living in West UP! It merits no reiteration that UP must certainly have the maximum High Court Benches in India and not minimum High Court Benches which we see most unfortunately right now! The aspirations of the people have to be fulfilled for which Centre led by PM Narendra Modi has got such a decisive mandate!

There can be no gainsaying indubitably that creating more international airports will definitely benefit the “richest of rich” but the “poorest of poor” will gain most only and only by the creation of more High Court Benches as they will then not be compelled foolishly to travel whole night and nearly half the day in travelling right up to Allahabad with whom maximum districts of UP are attached as we are seeing since independence! Centre must never be oblivious of indisputable fact that none other than the father of the nation – Mahatma Gandhi had himself underscored that while taking decisions, the interest of the “poorest of the poor” must be given the top priority and not the lowest priority! Of course, Centre must pay heed to it and if it creates more High Court Benches in UP especially in West UP where it is needed most then this will be the best respect for Gandhiji!‑

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