A petition has been filed before the Delhi High Court seeking directions mandating timely prior intimation of leave by Delhi Judicial Officers..The petition was filed by Advocate Amish Aggarwala (petitioner) after he came across the “hardships” caused to litigants and other stakeholders when they reach courtrooms of the Delhi District Courts only to find that Presiding Officer is on leave..Putting the problems of litigants and witnesses in perspective, the petitioner submits,.“Every day in the 250 days that Courts in Delhi assemble, thousands of litigants leave their work, their homes, their children, and travel long distances to attend court proceedings. Some appear on Court mandate, some just wish to attend Court and observe their proceedings.. Thousands of witnesses, summoned by Courts, also travel from all across the country to fulfill their obligations to testify before the Ld. Courts.”.The petitioner further adds that the unannounced absence of a Judge is a matter of concern even for the advocates..“..Thousands of Advocates, briefed by the said litigants, prepare their case briefs, spending hours on each brief. Many of them sacrifice sleep, meals, and peace of mind to ensure that they reach court in time and with good preparation.”.The petitioner claims that most of the individuals check the ‘Judges on Leave’ section on the official website of the Delhi District Courts in order to confirm that if the concerned Judicial Officer’s name appears in the list for that particular day. However, after they reach court, individuals find that the Judicial Officer is on leave..It is only a few hours later, but certainly not before 11 a.m., that the name of the absentee Judicial Officer appears on the ‘Judges on Leave’ section, it is submitted..It also alleged that the parties are, at occasions, not even informed if the Judicial Officer is on leave for the entire day or half-day..In its petition before the Court, the petitioner has thus asserted that “right to timely notice of leave” by a Judicial Officers is an integral part of a litigant’s right to a speedy trial under Article 21 of the Constitution..In criminal proceedings, when both the accused and complainant are asked to appear before Court, their fundamental rights under Article 19 (1)(d),(g) and Article 21 are violated, it is stated..The petitioner has added that right to fair legal representation for a litigant also suffers when Advocates who “focus on one case at the cost of attention to another” come to the court to find out that the Judicial Officer is on leave..Lastly, it is argued that the lack of timely intimation to Advocates about the absence of a Judge violates their rights under Article 19 (1)(g)..In view of the above, the petitioner has sought a direction from the Court to make it mandatory for a Judicial Officer to inform their respective District & Sessions Judge about their leave, 24 hours in advance..A direction is also sought to update the ‘Judges on Leave’ section of the Delhi District Courts website at least a day prior..Lastly, the petitioner seeks a direction that all parties to a case as well as their advocates and witnesses be informed via mobile phone call/text message/email a day prior or at the earliest possible about the absence of Judicial Officers..After hearing the matter on Monday, a Division Bench of the High Court comprising Chief Justice DN Patel and C Hari Shankar adjourned the case with the observation that necessary directions would be passed on the administrative side.
A petition has been filed before the Delhi High Court seeking directions mandating timely prior intimation of leave by Delhi Judicial Officers..The petition was filed by Advocate Amish Aggarwala (petitioner) after he came across the “hardships” caused to litigants and other stakeholders when they reach courtrooms of the Delhi District Courts only to find that Presiding Officer is on leave..Putting the problems of litigants and witnesses in perspective, the petitioner submits,.“Every day in the 250 days that Courts in Delhi assemble, thousands of litigants leave their work, their homes, their children, and travel long distances to attend court proceedings. Some appear on Court mandate, some just wish to attend Court and observe their proceedings.. Thousands of witnesses, summoned by Courts, also travel from all across the country to fulfill their obligations to testify before the Ld. Courts.”.The petitioner further adds that the unannounced absence of a Judge is a matter of concern even for the advocates..“..Thousands of Advocates, briefed by the said litigants, prepare their case briefs, spending hours on each brief. Many of them sacrifice sleep, meals, and peace of mind to ensure that they reach court in time and with good preparation.”.The petitioner claims that most of the individuals check the ‘Judges on Leave’ section on the official website of the Delhi District Courts in order to confirm that if the concerned Judicial Officer’s name appears in the list for that particular day. However, after they reach court, individuals find that the Judicial Officer is on leave..It is only a few hours later, but certainly not before 11 a.m., that the name of the absentee Judicial Officer appears on the ‘Judges on Leave’ section, it is submitted..It also alleged that the parties are, at occasions, not even informed if the Judicial Officer is on leave for the entire day or half-day..In its petition before the Court, the petitioner has thus asserted that “right to timely notice of leave” by a Judicial Officers is an integral part of a litigant’s right to a speedy trial under Article 21 of the Constitution..In criminal proceedings, when both the accused and complainant are asked to appear before Court, their fundamental rights under Article 19 (1)(d),(g) and Article 21 are violated, it is stated..The petitioner has added that right to fair legal representation for a litigant also suffers when Advocates who “focus on one case at the cost of attention to another” come to the court to find out that the Judicial Officer is on leave..Lastly, it is argued that the lack of timely intimation to Advocates about the absence of a Judge violates their rights under Article 19 (1)(g)..In view of the above, the petitioner has sought a direction from the Court to make it mandatory for a Judicial Officer to inform their respective District & Sessions Judge about their leave, 24 hours in advance..A direction is also sought to update the ‘Judges on Leave’ section of the Delhi District Courts website at least a day prior..Lastly, the petitioner seeks a direction that all parties to a case as well as their advocates and witnesses be informed via mobile phone call/text message/email a day prior or at the earliest possible about the absence of Judicial Officers..After hearing the matter on Monday, a Division Bench of the High Court comprising Chief Justice DN Patel and C Hari Shankar adjourned the case with the observation that necessary directions would be passed on the administrative side.
