Comments on Judicial Vacations Are Necessary!

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BAPOO M. MALCOLM

BAPOO M. MALCOLM

Wrote on 09 September 2017  

Thanks for the mail. I was expecting that comment on God taking the Sabbath off and my answer to that is ready. He has taken the day off and is on vacation ever since. There is a bit of something called a sense of humour; but we Indians lack it altogether. We get insulted by common English phrases like 'cattle-class' or 'headless chickens'. One can find fault with anything and everything. And add God and religion to self-righteousness and twisted logic. Then there is another thing. Everyone thinks he is a master of the language, but is no more than a transliterater, creating problems on those who pepper their work with parables and idioms. It is risk we all take. And everything English is not bad. Unless one wants to think it so. Maybe you want to go back to the days of summary justice by the Rajas. Or emperors. And if you must know, even litigants, who know us, realise that the system as it is is the best available. As for your condemnation of the system, you may have a point. But you have offered no practical solution. You must use this forum to do so. I believe you are a lawyer.



Dhingra, 1962dcg@gmail.com

Dhingra, 1962dcg@gmail.com

Wrote on 08 September 2017  

I totally differ with the views of the author. Everything has two aspects, good and bad, not a single one, as he thinks. It is just a matter of individual opinion according to his own mindset. As against his thinking, even God does not take rest on Sunday. Worldly atmosphere and nature's functioning does not stop working on Sunday. It is just a thinking of human beings, rather the priests that God takes rest. I would like to request the author to think, just for a minute, has his heart, lungs, kidney and other important parts of his body taken even a minute's rest during his whole life? They do fall sick for which we take treatment to make them run effectively. Further, he may like to make the readers aware of the facts, does rest of the judges taken during lump sum vacations dispense with the need of absence from courts during his own or family member's illness and other important personal needs/ family affairs/ functions and do not take leave to attend all those and attend the court on all such occasions? The judicial system was developed by the English people, who were not accustomed to bear the brunt of severe heat and cold. That is why they made the system of vacation. Schools can't be compared with the courts. In the case of schools, consideration could have been made to close the schools due to unbearable summer heat and winter cold for the children to avoid their falling sick. That cannot be treated as to have served the needs of the teachers. Even now a days, the schools are closed on heavy rains days, floods or taking care of other emergencies. So, if India has become independent, the old system has to be made go bye. In my views, the vacation system is courts is against the interests of hapless litigants, when justice is made to stand still. That must change.


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