Supreme Court Vacation Bench
During summer vacations, a Division Bench of the two learned Judges assemble, on such days of the week as may be notified in advance depending on the urgency of the cases. In order to have a uniform practice, following norms/ guidelines have laid down for listing of urgent matters during the vacation holidays. Every matter should be accompanied by an affidavit indicating all the material facts necessary for the formation of opinion about its urgency. The required material facts and particulars should invariably include:
(i) Nature of the Matter;
(ii) the date of impugned order, if any;
(iii) the reason for not filing it before the vacation / holidays, if the impugned order was made or the cause of action arose on an earlier date;
(iv) the latest date upto which the matter can be heard in view of the urgency indicated herein;
(v) the nature of interim order sought for which the urgency is indicated must be mentioned.
The following matters may be listed during the vacation / holidays:
1. Matters in which death penalty has been awarded;
2. Petitions for Habeas Corpus and matters relating to it;
3. Matters relating to imminent apprehension of demolition of property;
4. Matters relating to the dispossession / eviction;
5. Matters relating to the violation of human rights; and
6. Matters relating to and of general public importance.
As matter which is not to be treated ordinarily as urgent for the purpose of listing before the Hon'ble vacation Judges may be entertained for the purpose if considered to be sufficiently urgent for reasons indicated by the Registrar (Judicial), if the matter is not listed by Registry, it can be mentioned before vacation Bench for being included in the List.
The following matters are ordinarily not to be treated as urgent for listing during vacation / holidays.
1. Matters arising out of interlocutory orders
2. Matters for anticipatory bail;
3. Matters filed against orders refusing / granting bail;
4. Matters relating to remand orders;
5. Matters arising out of life sentence or sentences for more than one year;
6. Service matters involving transfer and or revision, dismissal and removal from service.
7. Transport matters, except those relating to cancellation of permits and needing urgent interim orders.
8. Matters relating to decrees and their execution
Matters relating to grant or refusal of bail may be listed, subject to the prior approval of the vacation Judges.
Petitioners seeking urgent relief during court holidays or vacations
The advocates seeking relief in urgent matters either on Court holidays or vacation or after court hours shall first approach a senior officer of the Registry specially deputed for the said purpose, who shall after screening the papers seek direction from Hon'ble Chief Justice of India / Hon'ble Judges and thereafter inform the advocates concerned about the directions.
Supreme Court of India