The Rajasthan High Court Bar has urged the Acting Chief Justice to reconsider the order mandating court functioning on the 1st and 3rd Saturdays. The Bar cited concerns over justice delivery, health, ADR disruption, and lack of stakeholder consultation.
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JAIPUR: The newly elected representative body of the Bar has formally urged the Hon’ble Acting Chief Justice of the Rajasthan High Court to reconsider the recent administrative directive mandating court functioning on the 1st and 3rd Saturdays of every month.
The representation was submitted through Bar President Rajeev Sogarwal and Secretary Deepesh Sharma, highlighting serious concerns regarding the effectiveness and broader implications of the decision.
In its detailed representation, the Bar acknowledged the High Court’s genuine concern over the growing pendency of cases and reaffirmed its full support for all constructive steps aimed at ensuring speedy and effective justice delivery. However, the Bar respectfully contended that declaring Saturdays as working days may not achieve the intended objective and could instead adversely affect the administration of justice.
The Bar emphasized that Saturdays traditionally serve as the only non-court working day for judges, advocates, and court staff. This day is essential for attending to personal and family responsibilities, while Sundays are largely devoted by advocates to case preparation for the upcoming week, especially for matters listed on Mondays.
According to the representation, the absence of adequate breaks may result in burnout and fatigue, negatively impacting professional efficiency and judicial output.
A significant concern raised by the Bar relates to the disruption of Alternative Dispute Resolution (ADR) mechanisms. Saturdays play a vital role in proceedings such as:
- Arbitration
- Mediation
- Conciliation
- Negotiations and settlements
These mechanisms contribute substantially to reducing litigation and case backlog. Additionally, many advocates appear before District and Sessions Courts on Saturdays, and holding High Court proceedings on these days could hamper parallel justice delivery systems, defeating the purpose of pendency reduction.
The representation also noted that judges frequently utilize Saturdays for dictation of reserved judgments, legal research, and academic preparation. Regular court sittings on Saturdays, the Bar argued, could affect the quality and timely pronouncement of judgments, ultimately impacting litigants and the justice system as a whole.
Expressing concern over the physical and mental health of judges, advocates, and court staff, the Bar warned that continuous court functioning without adequate rest could have serious health implications, thereby affecting the overall quality of justice delivery.
Instead of working Saturdays, the Bar proposed several practical and effective alternatives, including:
- Rationalized and efficient listing of cases
- Strengthening the role of the Registrar (Judicial) for procedural and compliance matters
- Expanding and institutionalizing ADR mechanisms
- Filling judicial and staff vacancies at the earliest
- Increased use of technology and virtual hearings
- Constituting special benches or conducting drive-based disposal of old cases during regular working days
The Bar stressed that a decision of such magnitude, affecting the professional and personal lives of the legal fraternity, should only be implemented after meaningful consultation with stakeholders. It categorically stated that the Bar, as a collective body, is not in favour of implementing the Saturday working directive in its present form.
In conclusion, the Bar has formally requested the High Court to recall the directive on working Saturdays until proper consultation and consensus are achieved. Reaffirming its faith in the leadership of the Rajasthan High Court, the Bar assured full cooperation in all initiatives aimed at strengthening the justice delivery system and reducing pendency through sustainable and stakeholder-friendly measures.
