'Holiday mood' hurts SC judge

New Delhi: Justice J.S. Khehar pressed the buzzer, got up and left the court hall. The country's chief justice-in-waiting had had enough of the "holiday mood" among lawyers. The judge, who takes over as Chief Justice of India on January 4, did resume his seat after 15 minutes but only after a message had been sent through the bar that the lawyers were ready with their briefs. The unusual - but effective - action unfolded in the Supreme Court Tuesday morning after advocates appearing in several cases had sought repeated adjournments on flimsy grounds. One of the reasons put forward was that senior lawyers were not available. Another said the case papers were not ready. It was enough to upset Justice Khehar, a judge known for his integrity and no-nonsense approach who had last year headed the five-judge constitution bench that struck down the National Judicial Appointments Commission Act as unconstitutional. The NJAC act would have given the executive a say in the appointment and transfer of judges. "What is happening? Why is everybody in a holiday mood?" asked the judge, who will become the CJI after the incumbent, Justice T.S. Thakur, demits office on January 3. One advocate claimed he could not argue his case as his brief was not readily available. "Here, take my file. Argue," Justice Khehar, who was on the bench with Justice Arun Misra, said, offering his own copy of the case. The lawyer then sheepishly admitted that he was not fully prepared to argue the case. "Do we have to leave for home?" and upset Justice Khehar asked the assembled lawyers. He then pressed the buzzer and, as the ushers came in, got up and left the court hall. The two judges returned to the court hall after 15 minutes to resume the hearings. By then, many advocates had assembled as word had spread. Justice Khehar's action comes at a time adjournments have become the order of the day in courts across the country. Some three crore cases are pending, around 63,000 in the Supreme Court alone, including some dating back to 2008. Many higher courts are working at half their sanctioned strength, a situation compounded by the stand-off between the judiciary and the executive over the appointment of judges. -The Telegraph, Calcutta