'We Burn Midnight Oil Even On Vacations': SC Judge Retorts To 'Judges Work For Very Few Hours' Remark

Supreme Court Judge Justice Dipankar Datta while dismissing Hemant Soren's petition remarked that it is very unfortunate that despite all the efforts put by judges it is said that we work for very few hours.

Justice Dipankar Datta's remarks comes just days after Economist Sanjeev Sanyal who is also a member of PM Modi's Advisory Council, criticised court vacations

Source : Supreme Court of India website

Supreme Court Judge Justice Dipankar while dismissing Former Jharkhand Chief Minister Hemant Soren's petition remarked that it is very unfortunate that despite all the efforts put by judges it is said that judges work for very few hours. This comes just days after Economist Sanjeev Sanyal who is also the member of Prime Minister Narendra Modi's Economic Advisory Council, criticised judges for "working for very few hours" and taking "vacations".

Pointing out to delays caused by the Central government in filing applications in court matters, Justice Datta said that those in the governance who castigate the Judiciary for vacations should first ensure that atleast one application is filed by the Centre on time.

Justice Datta said all those who castigate judiciary must take note of this.

"We burn the midnight oil even during the vacations," Justice Datta remarked.

These remarks were made after the vacation bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma dismissed petition by JMM chief Hemant Soren, and his counsel Senior Advocate Kapil Sibal requested the court to see that if he applies for bail in Jharkhand High Court, the matter is concluded within a month's time. Sibal had been complaining about the delay by the high court in delivering verdict on Soren's petition against arrest by the ED in the alleged land scam case.

"Please see, if I file a bail application, it is decided after a month." Sibal pleaded in the court.

Justice Datta however said that it becomes very difficult for the top court to regulate the business of high courts. "We can only express our hope."

At this point, Sibal again complained against how Soren's case was handled by the high court and said that "nobody hears our matter, nobody decides it. And personal liberties are compromised..." 

Justice Sharma said that he was in four high court before coming to the Supreme Court and there such matters are decided on top priority.

"The proof of the pudding is in the eating and we are eating it every day!" Sibal remarked.

Justice Datta then replied: "Very unfortunately Mr. Sibal despite efforts being put by judges it is said that judges work for very few hours. Those who say all this are part of governance...All of them who are members of governance should ensure one plea is filed without delay on behalf of Union."

Justice Datta further added that every matter filed by the Union has a "condonation of delay application."

A condonation of delay application is filed in the court seeking more time to file an application or response in the court. 

Solicitor General Tushar Mehta who was appearing for ED in the case said that he strongly disagrees with such opinions against judiciary's vacations.

"The court works in two shifts! No court in this world works as much..." SG Mehta said.

Kapil Sibal said that undoubtedly the Supreme Court of India is the most overworked court in the world.

Economist Sanjeev Sanyal recently said in a podcast 'Prachayam' questioned the "tareekh-pe-tareekh system" and said that the High Courts and the Supreme Court take leave in summer and then again take leave in Dussehra.

"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," Sanyal said.