Two Law students have written to the Chief Justice of India, NV Ramana questioning the preponment of the Summer Vacation amid National Health Emergency.
The Top Court as per Notice dated 07.05.21 has announced that it will be working with reduced strength (2 divisional benches sitting 2 days per week).
Questioning the decision, the final year students of Campus Law Centre, Delhi University has asked that at a time when the country is facing unprecedented situation due to Covid-19 which the Top Court has itself termed as "National Emergency', it will be working at reduced strength just because it is following a colonial practice?
Attributing the Apex Court as the biggest protector of Fundamental Rights of Citizens, they have raised the concern that only two divisional benches wouldn't be enough to cater to emergency pleadings looking at the scale of the crisis:
"Can the person who is in dire need of oxygen wait? Who will be responsible if some mishap happens between two consecutive hearings of the court on account of limited seats on 2 days only?"
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They have further asserted in the letter:
"The right to health and medical care is a fundamental right as held by the Supreme Court in its various judgments under Article 21 read with Articles 39(c), 41 and 43 of the Constitution. And if the state is not able to fulfil its constitutional obligation, one has to approach this court for its enforcement and what if this court is not able to enforce this right due to the reduced."
They have firmly stated that there seems no special case to be made for a long break when the country is witnessing a health emergency. The practice of summer vacation is an anachronistic colonial practice.
“Courts have a task not to allow citizens' lives into obscurity because of some colonial law,” they said quoting to Apex court Judgement in Navtej Singh Johar vs. UOI.
They thus have request the Supreme Court to kindly consider the following prayers in the interest of the lives of crores of people battling against covid.
Once life is lost, the status quo ante cannot be restored as resurrection is beyond 'the capacity of man'.
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PRAYERS
It is therefore humbly prayed that Your Lordship may please to:
1. Pass necessary order or direction to cancel the summer vacation of this court amid pandemic in the interest of justice.
2. Pass necessary order or direction to make an arrangement such that hearing could be conducted on a daily basis.
3. Pass any such order or direction in the best interest of the Justice.
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