Before Castigating Judiciary, Ensure Govt Appeals Come In Time : Supreme Court Judge Reacts To Sanjeev Sanyal's Comments On Vacation

In a veiled reference to economist and member of the Prime Minister's Economic Advisory Council Sanjeev Sanyal's criticism of the Supreme Court's working hours, Justice Dipankar Datta today said that those who castigate the judiciary should work towards putting a stop to the delays caused by authorities in pursuing remedies before the court.

"Unfortunate part is that despite the efforts that we put in as judges, we have to hear that judges work for very few hours. What are we doing here in vacations also...those people who say these things, they should...if they are part of governance, we would expect that atleast in one matter filed either by the Union of India or by the state of so and so, the appeals come within time. Within limitation. We hardly get a matter which is filed within limitation. Every matter there is condonation of delay", the judge said.

"There was a big article last week," observed Justice Satish Chandra Sharma, who was sitting in combination with Justice Datta, as part of a Vacation Bench.

Expressing displeasure, Justice Datta further remarked, "Those people who castigate the judiciary, [should] take stock of these things...the authorities don't come within time and they say we work less?"

The remarks came during the hearing of a petition filed by former Jharkhand CM Hemant Soren challenging his arrest by the ED in a money laundering case related to an alleged land scam. The court refused to entertain the same today, ultimately leading Soren's counsels to withdraw. For a detailed report on the proceedings, click here.

Notably, reacting to the bench's dismay at Sanyal's remark, ASG SV Raju said that in another matter he is arguing, he has submitted that courts are entitled to vacations because they actually work in two shifts. Sr Adv Kapil Sibal (appearing for Soren), who was recently elected President of the Supreme Court Bar Association, also commented in like spirit, "In any country of the world, no judge works as hard as this. We know that".

On May 14, a bench of Justices BR Gavai and Sandeep Mehta had also expressed disapproval of Sanyal's remark. Without specifically naming the economist, Justice Mehta had said:

"Now there are comments coming that judges sit in the Court for very very few hours, a very pertinent comment has come in from an economist...so we have to be conscious, we have to sit in the Court hours for the matters declared in the cause list."

Weighing in, Justice Gavai had commented, "I ignore all this....but he has also said the vacations should be withdrawn, the collegium system...".

In response, SG Tushar Mehta had underscored the hectic work schedule of judges by pointing out that "vacations" are not "real vacations" as judges spend the time for writing judgments. He had urged the court to ignore the "ill-informed criticism", remarking, "all are aware that judges are not working only from 10.30 AM to 4 PM".

A similar discussion on Court vacations took place in the first week of May as well (before the same bench), when Justice Gavai said that people are not aware that judges don't get even weekend holidays as they are occupied with other official assignments.

Earlier in February, CJI DY Chandrachud while attending one of the events of the Arbitration Center, Prayagraj, UP had highlighted that judges work seven days a week, more so for the district court judges, who get even fewer vacation days.

For context, Sanyal, who is a member of Prime Minister Economic Advisory Council, had said in a podcast, "The High Courts and the Supreme Court take leave in summer and then take leave again in Dussehra. What is this system? They work for a few hours. All these old systems will have to be changed, and modernise it. The government can contribute to this to some extent. But in the end, the justice system will have to do it on its own."