Kerala High Court Advocates Association objects to working Saturdays proposal

The Kerala High Court Advocates Association (KHCAA) has raised prima facie objections to the proposal by the Kerala High Court to hold regular court sittings on two Saturdays every month, following recommendations aimed at reducing case pendency.

The KHCAA through its letter dated January 23 placed on record its concern and strong protest against the proposal, citing far reaching impact on the legal profession and the justice delivery system.

"At the outset itself, the Association places o n record its serious concern and strong protest regarding the proposal, particularly in view of its far- reaching implications on the professional, personal, and institutional functioning o f the Bar, as well as on access to justice, work-life balance of stakeholders, and the existing infrastructural and logistical constraints faced by advocates," the letter stated.

Explaining its stand, the advocates' body pointed out that the proposal to introduce regular Saturday sittings is a significant policy shift which would not only affect practicing advocates but also the broader ecosystem of administration of justice.

The KHCAA was responding to a communication dated January 22 by High Court Registrar General Gopakumar G seeking the views of the bar body on the proposal to hold regular court sittings on two Saturdays every month.

The Registrar General informed KHCAA that the proposal was initiated by the Chief Justice of India and was examined by the State Court Management Systems (SCMS) Committee, which recommended holding Saturday sittings as a special measure to address the high number of cases pending in High Courts.

The SCMS committee suggested that regular sittings be conducted on two Saturdays every month, exclusively for hearing old pending cases where matters older than 10 or 15 years be prioritised.

Such cases may be specially allocated to judges sitting on Saturdays, irrespective of the existing rooster, it was suggested.

The SCMS committee further recommended that admission matters and fresh petitions should not be listed on such Saturdays.

"For the convenience of Saturday sittings, an advance monthly provisional list consisting of 100 cases may be prepared, and published to facilitate necessary preparation b y all stakeholders. From the said list, 20 cases may be cause listed for hearing one week in advance," the SCMS committee added.

The administrative committee of the High Court, in a meeting held on January 20, discussed these recommendations and decided to seek the views of the KHCAA before proceeding further.

The registrar thus requested the advocates' body to urgently furnish its views before the the next scheduled meeting of the administrative committee on January 28.

In response, KHCAA has now stressed that such a move could not be undertaken without detailed consultation and clear mandate from the General Body.

The association highlighted that it represents a large and diverse body of lawyers spread across Kerala, many of whom primarily depend on work from their respective district courts and convening Saturday sittings at the High Court could disproportionately affect lawyers travelling from distant districts and disrupt established professional routines.

KHCAA has therefore sought time to convene a General Body meeting to discuss the issue in a transparent and participatory manner.

Hence, it has requested that the proposed meeting of stakeholders be moved to a date after January 31 so that the discussion and views of the General Body could be placed before the High Court's administrative committee.

[Read Letters]