Girish Das, a practising lawyer, who filed the PIL in the high court said that the courts enjoy 155 days of vacation in a year and it is a violation of the fundamental rights of the citizens.
A lawyer of the Gujarat high court has set in motion the debate over court vacations by challenging the practice in a public interest litigation. Girish Das, a practising lawyer, who filed the PIL in the high court said that the courts enjoy 155 days of vacation in a year and it is a violation of the fundamental rights of the citizens.
He has asked that in the interest of the people this practice should not be permitted. However, Das withdrew his PIL after justice DH Waghela asked him to make a representation before the chief justice of Gujarat high court.
Das moved a PIL on Thursday amid a month long summer vacation in the Gujarat high court and other civil courts of the state.
Das argued in the high court that the Supreme Court in the case of Hussainara Khatoon v/s. Home Secretary, had held that speedy trial is an integral and essential part of the fundamental right to life and liberty.
He has requested the high court to hold that vacation by the court infringes the fundamental right of the litigants and such infringement cannot be permitted, in the interest of justice.
He also sought stay on the circulars issued to all district and sessions courts by the Gujarat high court asking them to observe the vacation. Das in the PIL also pointed out to the current scenario of unjust treatment of poor litigants who have no access to justice on account of vacation in courts and thus depriving them of their fundamental right to speedy trial guaranteed under article 21 in the constitution.
He further said that the challenge in the present petition was against the modality and patent of celebrating blanket "vacation" which totally paralyses and causes stagnation of the
entire judicial apparatus.
He also said that during the vacation no alternate arrangement is made to maintain regular court proceedings. Das also mentioned a recent instance of a lawyer in the high court who opposed adjournment given by a high court judge beyond the vacation in case of his client's bail plea.
He also said in the PIL that there are certain organisations, institutions and offices in the country that work 24/7 for 365 days.
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