The Bombay High Court on Thursday agreed to hear a petition against long court vacations, but said that the matter will be taken up on November 15 after the Diwali holidays, reported Bar and Bench.
The High Court will remain closed for Diwali vacations from October 24 to November 5.
Sabina Lakdawala, the petitioner, contended that the long court vacations during Diwali, Christmas, and summer for more than 70 days in total amount to a violation of fundamental rights, and that they should be done away with, reported Live Law.
The plea also sought that the High Court is kept fully functional during the days designated as Diwali vacation and an adequate number of judges be made available to hear cases, reported The Indian Express.
Lakdawala said that the vacation benches should not just hear urgent cases. Directions should be issued to the High Court registry to receive all petitions without insisting on permission from the vacation bench, the petition said.
After the plea was mentioned before a bench led by Justices SV Gangapurwala and RN Ladhha on Thursday, the court orally asked: “The High Court calendar was made in November last year, why come now?”
Lakdawala filed the petition after court failed to hear her petitions in a separate matter last year due to vacations even though she had sought an urgent hearing, reported The Indian Express.
On July 3, 2021, Lakdawala was asked to leave her home by her in-laws, her stepchildren and step grandchildren. She was then arrested on allegedly false charges and booked under Section 326 (voluntarily causing grievous hurt by dangerous weapons) of the Indian Penal Code, reported Live Law.
According to the petition, Lakdawala had approached the High Court during the Diwali holidays last year for urgent relief after the magistrate who was hearing her case went on a long leave. She also could not get any relief from the High Court during the Christmas vacation.
“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 ventilation,” the petition said. “The long vacation suits the convenience of elite lawyers, a microscopic minority.”
The petition also clarified that the intention is not to deny vacation to judges and lawyers but to create system where court remains fully functional throughout the year, reported Bar and Bench.
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