With the huge backlog of cases, it has often been asked why the legal fraternity needs to take long holidays. India Legal speaks to some of them to find out how they let down their hair and relax
By Usha Rani Das and Tithi Mukherjee
With scorching summer upon us, it is time for holidays. And for the legal fraternity too, it is time to relax and take a break from numerous court appearances, briefings and litigations. While the Supreme Court takes a break of seven weeks, high courts take five weeks and district courts, four weeks a year.
The norm of leaving for a vacation dates back to the colonial era when severe Indian summers prompted British advocates and lawyers to take a much-needed break. They left for hill stations such as Mussoorie, Dalhousie and Dehradun or went back to the cool climes of UK.
So how and where does the legal fraternity in India spend its holidays? India Legal spoke to some of them:
Justice Prabhat Chandra Agarwal, retired judge of the Madhya Pradesh High Court
He is currently holidaying in Sagar, Madhya Pradesh, his hometown. He spends the majority of his summer holidays here every year. Justifying the annual break, he says: “A lawyer in a high court works from 10:30 am to 4 pm every day and it is necessary to take a break from this tiresome schedule. He not only sits in court all day, he even takes home a lot of homework. These long hours may hamper efficiency and a respite from work is needed.”
Harkirat Sawhney, partner, Bakshi Sawhney Associates
For this lawyer, hills are the choicest holiday destination and he visits them once or twice a year with his family. He also likes to visit new places and a trip to Thailand two years back with his wife and son remains his most memorable trip till date. His travel plans include taking 10-12 days off. Asked if holidays take a toll on pending court cases, he replied: “Every company has designated leaves for 30 days or three weeks in total. Most employees get privilege and earned leaves, unlike lawyers. This is the only time when the whole institution shuts down. If lawyers started taking leave like other professionals, no work would be possible.” Sawhney also plays golf during his free time.
Pramod Kumar Jain, senior advocate, Allahabad High Court
Hailing from Meerut, this advocate is currently holidaying in Mussoorie, though he has also been to the US and Japan as part of Rotary International. He feels that lengthy holidays are not a necessity. “All that lawyers need is a break from the monotony of their jobs but we do not need a month for that. About a fortnight is more than sufficient to refresh the mind and get back to work. I usually get bored after 10 days of vacationing. On top of that, cases pile up in one’s absence; that means extra pressure after a refreshing, long holiday,” said Jain.
Narendra Kalra, senior counsel for the Govt of India, Delhi High Court
Kalra devotes 10-12 days annually for vacations. His last long vacation was in Chamba, Uttarakhand, in 2015. Earlier, in 2014, he went to Kashmir during vacations. Another memorable vacation was a short trip to Rishikesh for white water rafting. He plans to do a foreign trip every two to three years and his longest one was to the US in 2013—for 27 days. “Lawyers may look like they are enjoying life but it is not so as a lot of brainstorming happens all the time. We also guide junior colleagues, find judgments, prepare and correct drafts and present them in court. After so much hectic activity, the brain needs relaxation,” said Kalra. His next trip? Dubai in December.
Naushad Ahmed Khan, additional standing counsel, Government of NCT, Delhi, for Delhi High Court
Khan feels that vacations depend on the climate of various states. In Mumbai, Nagpur and other western states, the temperature remains high in May, resulting in vacations starting early, as opposed to Delhi courts where holidays begin later. Their duration also depends on cases coming up in courts. Sometimes they are heard prior to vacations and their judgments are written during the holidays.
Vacations also depend on where the lawyers are working. While those having private clients can manage their leaves accordingly, those working for the government do not have that privilege. If assigned a large number of cases, they need to spend their vacations dealing with them.
Khan considers vacations necessary in order to connect with the family. Although they provide a respite from the daily grind, for beginners these are a good opportunity to learn. “For many years, I continuously worked during vacations. I visited South Korea in 2014 as part of a delegation from the Fisheries Department. It was a fruitful experience and I learned a lot. Last year, however, I had 400 cases assigned by the Delhi government and therefore, had no time for holidays. However, I interacted with many important judges.”