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Q. Vacation in Courts

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Anonymous

posted 5 months ago

Q.Vacation in Courts
During Summer Vacation in Courts, there is no tasks ?

Like no hearings, or appeals or any other process etc ?

How we can avoid that delay due to Summer Vacation in Courts ?

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Former CJI Lodha has recommended that instead of all the judges going on vacation all at one time, individual judges should take their leave at different times through the year, so that the courts are constantly open and there are always benches present to hear cases.
And second thing, Courts are not like corporate firms for elite class. Judges face lot of pressure because of pending case. If you still have doubt then look at the data, How much an average judge of high court and other District and session courts dispose cases daily, weekly, monthly and yearly. Its peak time to increase strength of judges instead of questioning their Vacation in equivocal manner.
They have to read out each and every case clearly before delivering final judgement, so that right person should get justice.
Thanks.

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Mohammed Faiz Shaikh

Experience: 1 Year(s)

Responded 5 months ago

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A. ) Matters are handled by the specially appointed officers/magistrates during vacation period.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Sir,
There will be a vacation Court normally sittings will be on two days of a week and urgent matters will be heard and disposed.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 5 months ago

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A. ) Sir, there have been a lot of discussion over the same and the Ministry of law and the union have advised the courts to scrap down such long vacations as it affects the cases and is used as a trick by the lawyers to delay the case,
There are over 3 crore cases pending.
A noted activist Subhashchandra Agarwal had also filed an RTI application for the same and it is saddening to say that the supreme court upon hearing of the said petition stated that they “do not have record as to how the tradition of summer leave, started”
Even the CIC did not find it fit to refer the RTI petition to Department of Justice for tracing the origin of long court-vacations which are said to be continued as some "British legacy.”

Such vacations are unavoidable as it has now become a custom which has been followed since time immemorial.
Though there are recommendations to give leave to judges on a rotation basis just like the same which is done with professors at medical colleges in Delhi Govt.

This cannot be avoided at present.
However you can file a PIL and try your luck.

Thanks
Shreyash Mohta

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