The Bombay High Court will hear public interest litigation (PIL) challenging the practice of courts taking long vacations after the Diwali holidays. The court will remain closed from Oct 22 to Nov 9.
During the holidays, vacation benches are functional which hear urgent matters.
The PIL is filed by Sabina Lakdawala, widow of builder Yusuf Lakdawala, challenging the vacations taken by the HC, claiming it was in violation of the fundamental rights of litigants whose rights to seek justice will be affected. The PIL was mentioned for urgent hearing before a division bench of Justices SV Gangapurwala and RN Laddha.
Her Advocate Mathews Nedumpara argued that the petitioner was not against judges taking holidays but members of the judiciary should not take leave at the same time so that the courts remain functional throughout the year.
Questioning the advocate as to why the PIL was filed now when the HC calendar for 2022 was made available in November last year, the judges kept the PIL for hearing on Nov 15.
The plea contends that the long court vacations are a “relic of the colonial era” which was being followed “mechanically and mindlessly” and has contributed to a collapse of the judicial delivery system. “Such practice of long vacations is liable to be brought to an end,” the petition read, seeking that the HC remain fully-functional during the upcoming Diwali vacation.
The HC takes three breaks every year-summer vacation (one month), Diwali vacation (two weeks) and Christmas break (one week).
