Over 150 lawyers sent a representation to Chief Justice of India DY Chandrachud, expressing concern over what they called "unprecedented" practices of passing final order in pending cases during court recess.
The chief of Kejriwal-led AAP's legal cell, lawyer Sanjeev Nasiar, has also signed the representation.
Over 150 lawyers sent a representation to Chief Justice of India DY Chandrachud, expressing concern over what they called "unprecedented" practices of passing final order in pending cases during court recess.
This representation comes in the backdrop of the vacation judge Nyay Bindu granting bail to Delhi Chief Minister Arvind Kejriwal on June 20 in an excise policy-linked money laundering case. However that bail order was later stayed by the Delhi High Court on the basis of the Enforcement Directorate's appeal.
"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,” it said.
Signed by 157 lawyers, the communication said that Additional Sessions Judge Bindu had granted bail to the Aam Aadmi Party (AAP) chief while quoting the CJI that trial courts needed to make speedy and bold decisions, so that cases do not pile up in the superior courts.
“However, on 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),” the representation said.
The chief of Kejriwal-led AAP's legal cell, lawyer Sanjeev Nasiar, has also signed the representation.
Citing the urgent listing, hearing and stay of the trial court's order by the HC, the lawyers' said, "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 representation said that the alleged internal communication, which asked trial courts' vacation judges to not pass any substantive order has defeated the purpose of vacation benches, violating the spirit of CJI's statements, asking trial courts to make speedy decisions.
“As a consequence, many lawyers who had cases listed in the vacation have not been able to have final disposal of their matters. We as representatives of the lawyers community would like to lodge a very strong objection against such an administrative order,” it said.
Laywers from the Delhi Lawyers' Association, on July 2, met a district judge and objected to the purported internal communication.
District courts in the national capital were closed for summer vacations from June 10 to June 29, due to which judicial officers take turns to act as vacation judges during this time.
(With PTI inputs)