The Hon’ble Patna High Court on Monday (24th May 2021) observed that “a vacation judge may grant bail in criminal matters and also may pass ‘interim orders’ only w.r.t stay, injunction and other reliefs in civil or constitutional matters as he may consider emergent, however, he cannot decide and dispose of a case, other than bail applications, on merits”, while hearing a writ petition filed under the Article 226 of the Indian Constitution.
A single-judge bench comprising of Hon’ble Justice Chakradhari Sharan Singh noted that under Rule 4 of Chapter II of the Patna High Court Rules, 1916, a Single Judge while acting as a vacation judge can only issue a notice in the emergent civil or constitutional matter. However, in this case, neither the counsel representing the State of Bihar nor the counsel appearing on behalf of the petitioner mentioned any note for emergent hearing of this application during the vacation.
The Hon’ble Court also noted that “this Court is mindful of the situation which arise due to COVID-19 pandemic and under the given situation, the Court, on its administrative side, could make a judgement as per the law, to overcome the limitation of Rule 4 of Chapter II of the Patna High Court Rules, however in no case, any statutory provisions prescribing limitations on a vacation judge sitting during long vacation can be breached.”Lastly, the Hon’ble Court has decided not to take the matter and listed it for further hearing on 21st June 2021.
