Vacations are not a luxury; they are a necessity for a well-balanced, healthy life. For some it is as important as eating well and exercise. Doctors and researchers have time and again stressed the importance and benefits of vacations which inter alia include relieving stress, strengthening relationships, making you more productive at work etc.
However, the pertinent question is should our Lordships vacation so much to be productive? And should our Lordships vacation at the same time which has the virtual effect of shutting down of all courts and forums of legal redressal?
It is astonishing to note that according to the calendar available on the Honourable Lahore High Court website out of possible 365 days the Court has an official holiday for 93 days which does not include Saturdays and Sundays and if we also factor in the weekends in which the Court is not functioning, the total holiday days come to 176. The calendar of the Lahore High Court also makes special note of the following:
“The Lahore High Court shall observe Winter Holidays from 25th December (Sunday), 2016 to 8th January (Sunday), 2017.
The long vacation of the Lahore High Court shall be from 4th July (Monday), to 3rd September (Saturday), 2016.”
I am not saying that all judges should be made to work round the year or should not be allowed vacations at all but my humble suggestion to the Honourable Chief Justice of the Lahore High Court, who I firmly believe to be the most competent judge in the entire sub-continent is to (i) reduce the number of holidays and (ii) the yearly vacations can be made available to the Honourable Judges in turn, rather than all at once. This step alone could help gain valuable court time which would be immensely beneficial for the poor litigants whose cases have been pending for years now.
It is pertinent to mention here that India has a similar colonial heritage as we have when it comes to vacations in court but ‘The 230th Report of the Law Commission on Reforms of Judiciary’ made the following valuable recommendations:
“Considering the huge pendency of cases at all levels of judicial hierarchy, it has become necessary to increase the number of working days.
It has to be introduced at all levels of judicial hierarchy and must start from the apex court. With the increase in the salaries and perks of the Judges, it is their moral duty to respond commensurately. Opportunities to attend conferences/legal seminars in foreign countries should be given to all the Judges of the Supreme Court and Chief Justices of the High Court in turn. Frequent visits by the Judges to foreign countries at very high cost should be avoided in view of the austerity measures by the Government of India.”
I believe the said recommendations hold true for our judiciary as well. We must increase the working days for the backlog of cases to clear and the poor litigants to get some respite. It is no secret that litigation in Pakistan is extremely slow and painful. It takes generations for cases to be decided. I am also not saying that long vacation alone is the only factor causing unimaginable delays. The entire system needs a complete overhaul, the civil procedure code which regulates the courts on the civil side is dated 1908 and the criminal procedure code is dated 1898.
However, this small step of a little less vacationing and perhaps a little more judging would be a step in the right direction and would help the cause of justice for all. Frank Tyger aptly puts it “When you like your work every day is a holiday.”
The writer is an Advocate of the Supreme Court and can be reached at haris.azmat@gmail.com
