Vacation Judge Can Grant Bail, Pass 'Interim Orders' Regarding Stay, Injunction But Can't Dispose Of Cases On Merits: Patna High Court

Observing thus, the Bench of Justice Chakradhari Sharan Singh said,

"A vacation judge may grant bail in criminal matters and pass 'interim orders' only regarding stay, injunction and other reliefs in such other matters, civil or under the Constitution 'as he may consider emergent' but cannot decide and dispose of a case, other than bail applications, on merits."

Taking into account the language of Rule 4 of Chapter II of the Patna High Court Rules, 1916, the Bench noted that a Single Judge, while acting in long vacation as a vacation judge may:

• Issue notice or Rule, as the case may be, in any criminal matter, and in such other matters, civil or under the Constitution 'as he may consider emergent', and
• Pass interim orders regarding stay, injunction, bail and other reliefs, as may be deemed fit.

The annual vacation of the Patna High court commenced from May 23, 2021, and the Court would reopen on June 21, 2021.

The vacation Judge was hearing a writ application, filed under Article 226 of the Constitution of India when Justice Singh refereed to Rule 4 of Chapter II of the Patna High Court Rules, 1916, which lays down powers which a Single Judge, while acting in a long vacation as a vacation judge, may exercise.

The Court noted that neither the Senior Counsel appearing on behalf of the petitioner nor counsel representing the State of Bihar nor the Bihar Public Service Commission appeared to have made any mention for emergent hearing of this application during the vacation.

Further, in view of the provisions of Rule 4 of Chapter II of the Rules, the Court noted that the matter cannot be taken up and decided during the annual vacation.

In response to a query made by this Court as to whether there is any decision taken re-scheduling the annual vacation, the Court was informed that no such decision had been taken and that such matters, which were listed before this Bench on May 17, .2021, have been directed to be listed before this Bench.

To this, the Court said,

"Possibly, the provisions under Rule 4 of Chapter II of the Rules have not been brought to the notice of Hon'ble the Chief Justice. Let this order be placed before Hon'ble the Chief Justice."

The Court also added,

"The Court is not unmindful of the situation arising out of unprecedented COVID-19 pandemic and in a given situation, the Court, on its administrative side, could take a decision in accordance with law, to overcome the limitation under Rule 4 of Chapter II of the Rules but, in no case, statutory provisions prescribing limitations on a vacation judge sitting during long vacation can be breached."

The matter has now been listed for further hearing on June 21, 2021.