A plea has been moved before the Bombay High Court contending that courts taking long vacations is a violation of fundamental rights of citizens since litigants right to seek justice is affected by the such long vacations [Sabina Lakdawala v. Chief Justice of Bombay High Court & Ors.].

The petition by one Sabina Lakdawala sought a declaration that closing courts for more than 70 days for any kind of vacation is a violation of the fundamental rights of litigants.

"Such practice of long vacations is liable to be brought to an end," the plea said.

Pertinently, the plea also prayed that the High Court be kept fully functional during the upcoming Diwali vacation by ensuring that an adequate number of judges are available to hear and adjudicate all cases and by issuing directions to the registry to receive all petitions without insisting on permission from the vacation bench.

The petitioner highlighted how the Court had failed to hear another petition of hers despite several requests for an urgent hearing.

This was due to the high pendency of cases and long court vacations contributed to the same, it was submitted.

"The long vacations that are a relic of the colonial era have to a greater extent contributed to the further collapse of the justice delivery system that is already on the ventilation. The long vacation suits the convenience of elite lawyers, a microscopic minority," the plea filed through advocate Mathews Nedumpara stated.

Nedumpara told Bar & Bench that the petition will be mentioned before the Bench of Justices SV Gangapurwala and RN Ladhha tomorrow for an urgent hearing.

The petitioner elaborated that despite mentioning her private case on several occasions, the High Court failed to take it up for hearing due to paucity of time.

The petitioner, therefore, urged the High Court to abandon the closure of courts in the name of vacation, a relic of the colonial era which was being followed mechanically and mindlessly.

"Court vacation, a relic of our colonial past, was justified at a time when the majority of the judges were Englishmen who were not adjusted to the extreme summers of India, and they needed long vacations to travel by sea to England. It was a necessity then, today, it is a luxury that the country can ill afford," the petition said.

Lakdawala also acknowledged that while both judges and lawyers need breaks, keeping it limited to weekends and gazetted holidays will suffice the purpose.

"Requisite break for lawyers and judges can be provided without the entire institution being shut down," Lakdawala contended.

She clarified that her contention was not that vacation is denied to judges and lawyers and their workload be increased.

It was only that judges could be encouraged to take leave at different times of the year.

References:

barandbench.com