HC to hear plea on court vacations... after Diwali break

MUMBAI: The Bombay high court has agreed to hear a petition asking for cancellation of long court vacations – Diwali, Christmas and the summer – after the Diwali vacation.

A Mumbai-based petitioner challenging the British-era norm of the long breaks in court on the premise that they lead to pendency, has set the cat among pigeons within the legal fraternity in the city.

The lawyers said the assumptions in the plea were misconceived, as apart from presiding over cases, judges are also involved in other judicial work and need to spend time with their family. Hence, such petitions should not be entertained.

The petition was filed by Sabina Lakdawala, through advocate Mathews Nedumpara, on Wednesday. It claimed that the many vacations in HC were depriving petitioners, especially women and widows like her, of justice.

“The long vacations, a relic of the colonial era, have to a great extent contributed in the further collapse of the justice delivery system that is already on ventilation. The vacations suit the convenience of elite lawyers, a microscopic minority,” stated the petition.

The petitioner has sought cancellation of the mandated vacations (which account for more than 70 days), claiming it amounted to violation of the fundamental rights of petitioners and litigants, as courts are unable to hear cases due to paucity of time.

The petition has also sought an increase in the number of judges presiding during Diwali vacation, underscoring that all urgent applications and petitions of widows, destitute and those from disadvantaged sections of society be heard on priority.

While the principal seat has around 32-35 courts functioning during normal working days, during vacations three courts are assigned to hear urgent cases only.

Advocate Vishal Kanade, secretary of the Bombay Bar Association refuted the petitioner’s claims saying, “There is a purpose behind vacations so that both judges and lawyers have an opportunity to rejuvenate themselves.” He added that the suggestion of the petitioner to allow the judges to take leave as and when required would only add to the pendency of cases.

Not mincing his words, Advocate Subhash Jha, said, “Imagine how many more lawyers will die of heart attacks if we are not compulsorily given breaks in the form of holidays, as lawyers are forced to work long hours every day.”

Senior advocate Sujay Kantawala

stressed on the hours lawyers put in at work, way beyond court time, in order to give maximum justice. “As officers of the court, we must always ensure they stay healthy and the stream of pure justice dispensation continues to flow,” he said.

Advocate Aniket Nikam dispelled the notion that courts don’t function during vacation, pointing to the cases heard in open courts and the administrative work that the judges have to undertake. “Apart from that, the judges have to spend time in reading pleadings and dictating judgements. So, it is not as if judges do not work during vacations. Only urgent hearings take place on vacation benches,” said Nikam.

The hearing is scheduled on November 14.

HT PHOTO The hearing is scheduled on November 14.