Read Time: 03 minutes
The lawyers emphasized, 'The entire purpose of vacation courts is that there are urgent matters that require attention even during vacation. If such an administrative order is issued (instructing the vacation judge to not issue final orders), then it defeats the very purpose of having vacation benches'.
Over 150 lawyers expressed their concerns to Chief Justice of India DY Chandrachud regarding the stay imposed by the Delhi High Court on Chief Minister Arvind Kejriwal's bail in a money laundering case linked to an excise policy. The lawyers emphasized that these developments have unprecedented implications for the Indian judiciary, causing significant unease among legal practitioners.
The lawyers noted that Judge Bindu had granted bail to Kejriwal, referencing Chief Justice Chandrachud's emphasis on trial courts making swift and decisive judgments to prevent case overload in higher courts. However, they criticized the ED's swift challenge of the bail order in the High Court, even before it was formally uploaded, calling it 'highly irregular'.
The representation, signed by 157 lawyers including Sanjeev Nasiar, head of the AAP legal cell, highlighted issues raised by members of the legal fraternity practicing in the Delhi High Court and district courts. They expressed deep concern over what they described as unprecedented practices observed in these courts.
The bail was granted by Additional Sessions Judge Niyay Bindu, acting as the vacation judge, on June 20. However, the bench of Justice Sudhir Kumar Jain of Delhi High Court halted the implementation of this bail order following an appeal from the Enforcement Directorate (ED).
The representation further criticized an alleged internal administrative directive from the Rouse Avenue court district judge, instructing vacation courts not to issue final orders, which the lawyers deemed administratively and procedurally flawed and detrimental to justice.
The lawyers stated that such directives undermined the purpose of vacation benches designed to address urgent matters. The timing of this directive raised suspicions regarding its connection to Kejriwal's bail case.
Please Login or Register
