THE CUSTOM OF OBSERVING VACATIONS IN COURTS

Legal system exists for litigants. In reality, however, this does not appear to be true and agony of the litigants is hardly felt by anyone. Number of seminars are being held, lectures are being delivered and committees after committees are being constituted to find out solutions for the delay in dispensation of justice. One would be astonished to know that the High Courts & Supreme Court of Pakistan works round the clock for maximum days in a year, that too with lesser number of judges than the approved posts of judges. But the problems causing delay in disposal of cases could not be solved. Off course delay in disposal of cases is not my point of discussion here but the real issue which requires serious attention and introspection is, how far the custom of observing en blocvacations in courts is just in the present context? It appears that the custom of observing vacations dates back to the British rule in our sub-continent. Before the British rule, justice was being administered in an informal manner by the king or the leader of the village or the leader of the community. In those days, the custom of observing vacations was not in vogue. In fact, in the days of King Akbar, a bell was hung in the palace for the people seeking justice. Any person wanting justice had to simply go to the palace of the King at any time and ring the bell hung for that purpose. This system indicates the importance and urgency of dispensation of justice. However, when Britishers came to India they brought the system of observing vacations in courts. In those days, one of the reasons for long summer vacations was the hot climatic condition during the summer. Summer was unbearable for the British people because there were no air conditioners, coolers and refrigerators. The British people, therefore, used to go back to England during summer and used to return only after the heat subsided. Those who did not go to England sought cool resorts of hill stations. The custom of observing long summer vacations that might be proper in those days, has continued without interruption even today. Nowadays most of the superior courts are air-conditioned and the chambers and cars provided to judges are also air-conditioned. In view of this technological advancement, the custom of observing long summer vacations because of severe heat condition has lost its relevance. Delay in dispensation of justice is not good for any society. When justice is not done promptly, it encourages people to adopt unethical and illegal means to settle their disputes. Our country is on the verge of this kind of disastrous situation. The news that people have started taking up law in their hands for settlement of their disputes are flashed every now and then through different media. Maintenance of law and order and dispensation of speedy justice is, therefore, sine qua non for the society. It would not be out of place to suggest here that the High Courts may set up one or more Benches to hear old cases and preventive detention cases during the summer vacations in addition to the vacation judges. This endeavour is worth emulating and it is hoped that a day will come when all courts and lawyers will appreciate the agony of the litigants and try to help them in getting speedy justice.  [Farhan Khaliq Anwer Advocate: Email:duaapk@hotmail.com. …………Cell: 03002165271 & 03410214627..…… The Law Magazine “The Lords International”"The Lords International" Magazine of Law & law Fields]