Today, On 4th July, A group of lawyers expressed concern over an “unprecedented” directive from the Chief Justice of India (CJI) to vacation judges in trial courts. They have sent a representation to the CJI, arguing that this communication undermines judicial independence and raises questions about its necessity.
New Delhi: More than 150 lawyers approached Chief Justice of India D Y Chandrachud, voicing their concerns over a reported internal memo from a district judge instructing vacation judges in trial courts not to issue final orders in pending cases during a court recess. This move has been described as “unprecedented.”
The representation gains importance in light of a recent incident where vacation judge Niyay Bindu granted bail to Delhi Chief Minister Arvind Kejriwal on June 20 in a money laundering case related to the alleged excise policy scam.
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The Delhi High Court subsequently stayed the bail order following an appeal by the Enforcement Directorate (ED).
The letter stated,
“We are writing on behalf of the legal fraternity regarding some unprecedented practices being witnessed in the Delhi High Court and the district courts of Delhi,”
The letter, signed by 157 lawyers, highlighted that Additional Sessions Judge Bindu granted bail to Kejriwal, quoting the Chief Justice of India’s remarks on the necessity for trial courts to make swift and courageous decisions to prevent the superior courts from becoming overburdened with cases.
The representation noted,
“However, the very next day, the ED challenged this order in the Delhi High Court. What makes this challenge extremely irregular is the fact that the challenge was done even before the Rouse Avenue Court order was uploaded (on the website),”
Among the signatories lawyer Sanjeev Nasiar, head of the Aam Aadmi Party’s (AAP) legal cell.
The representation further mentioned the unusual urgency with which the high court listed, heard, and stayed the trial court’s bail order.
It stated,
“Something like this has never been seen in the history of the Indian judiciary before this and this has raised deep concerns in the mind of the legal fraternity,”
The alleged internal directive instructing vacation judges at trial courts to refrain from issuing substantive orders has undermined the purpose of vacation benches and contradicted the Chief Justice of India’s call for expedited trial court decisions.
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The representation stated,
“As a result, numerous lawyers with cases scheduled during the vacation period have been unable to achieve final resolution of their matters. As representatives of the legal community, we wish to express our strong objection to such an administrative directive,”
On July 2, members of the Delhi Lawyers’ Association met with a district judge to protest the alleged internal communication.
The district courts in Delhi, on summer break from June 10 to June 29, during which judicial officers rotate to serve as vacation judges.