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Why such a long leave in court? PIL in Bombay High Court

Vivid News 24: The reason for the lengthy court vacation is a matter of public interest. After the holiday break for Diwali, the Bombay High Court consented to hear the case. The court is given a Vacation, or extended vacation, three times every year.

The hearing is not conducted daily, even if the vacation bench is sitting at that moment. Many think that the litigants are in jeopardy because of their extended vacation. In that regard, the Bombay High Court is hearing a case of direct public interest (Bombay High Court).

According to the petitioner Sabina Lakdawala, due to this vacation, the basic right of the people to get a fair trial is being affected. According to the petitioner’s lawyer, her client is not against the vacation of the judges, but he has raised questions about this practice of closing the courts for a long time. The petitioner’s lawyer filed a petition in the division bench of Justices SV Gangapurwala and RN Laddha on Friday seeking an urgent hearing of the public interest case.

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‘Holiday’ case

In court, the judges of the Bombay High Court said that this public interest case will be heard after the Diwali vacation. Bombay High Court’s Diwali vacation starts on October 22 and will continue till November 9. In response to the application for vacation or leave of the court on Thursday, the judges said that the calendar of the court in 2022 came forward in November last year.

So why was a public interest case filed after so long? The petitioner’s counsel contended that the practice of long leave was a reflection of the colonial era and resulted in the breakdown of the judiciary in many cases.

A plea was filed to keep the High Court in full force during the upcoming Diwali vacation in a public interest case. At this time, all necessary arrangements for the hearing and trial of all cases and the presence of judges are also requested in those public interest cases.

According to the petitioner, the long vacation of the court is obstructing the fundamental right of citizens to get justice. The petitioner also asked that judges and lawyers should not go on vacation together to keep the judiciary functioning throughout the year.

Hearings after the Diwali vacation are

Three major vacations in a year in the Bombay High Court. Courts are closed for two weeks on Diwali and one week on Christmas, apart from a month’s holiday during summer. However, this time the retired bench of the court sits for the hearing of urgent cases. The public interest litigator suggested that all the judges should not take leave at the same time of the year but take leave at different times of the year. The next hearing of the case is on November 15 after the Diwali vacation.

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Vivid News-24 Desk
Vivid News-24 Desk
Vivid News-24 News India's new growing news website. Which provides some specific categories of news, top world news, entertainment, sports, new technology, politics etc.
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