HC issues notice to Bar Council of India on PIL against court vacations

Bombay High Court issued a notice to the Bar Council of India seeking its response on a plea challenging the practice of courts taking long vacations, thereby affecting hearing of cases

The Bombay High Court on Tuesday issued a notice to the Bar Council of India (BCI) seeking its response on a plea challenging the practice of courts taking long vacations, thereby affecting hearing of cases.

A bench of Justices SV Gangapurwala and SG Dige noted that the expectation of the litigant was legitimate, but added a shortage of judges was also an issue that needed to be addressed.

"From where do you get judges to constitute benches? Expectation of the litigant is legitimate and we understand, and the predicament too, but what can we do", the court said.

The bench was hearing a public interest litigation filed by one Sabina Lakdawala challenging the vacations being taken by the High Court claiming the practice is in violation of the fundamental rights of litigants whose rights to seek justice gets affected.

The bench noted that the views of the BCI on the plea was relevant.

The high court breaks for vacations three times every year - summer vacation (one month), Diwali vacation (two weeks) and Christmas break (one week). During the vacations, special vacation benches are available for urgent judicial work.

Lakdawala's lawyer Mathews Nedumpara contended that judges could be encouraged to take leave at different times of the year so that the court remains functional through out the year.

The bench, however, noted this may not be feasible.

"Imagine if this is a school. What if the Maths teacher takes leave in January, the Science teacher takes leave in February, some other teacher takes in some other month, how will the school function?" Justice Gangapurwala asked.