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Holiday from Justice

The Supreme Court of Pakistan’s announcement of summer vacations from June 16 to September 8, 2025, spanning nearly 2.5 months, has reignited debate over the judiciary’s operational framework. While intended to provide respite for judges and staff working under immense pressure, these prolonged breaks draw sharp criticism for delaying justice.
With over 52,000 cases pending and public trust in the judiciary waning, it is time to rethink this outdated tradition.

Judges wellbeing is critical, as Dr. Muhammad Mushtaq Ahmad, former Secretary to the Chief Justice, defends the necessity of vacations in a recent article (Daily 92 News, May 16, 2025). Drawing from his tenure (2023-2024), he argues that judges face intense mental and emotional strain handling complex cases, justifying rest to sustain performance. He notes that the court does not fully close during vacations-urgent cases, criminal matters, and constitutional bench hearings under Article 191-A continue. Last year, Chief Justice Qazi Faez Isa ensured continuity by limiting judges’ vacations to one month and scheduling benches in regional registries (Karachi, Quetta, Lahore, Peshawar) and Islamabad. These efforts kept the judiciary partially active.

Yet, public perception remains critical, viewing the 2.5-month hiatus as a “holiday from justice.” The backlog of cases-51,581 in June 2022, rising to 52,450 by February 2023-grows during vacations, with 2,000 new cases added in summer 2024 alone. Delays disproportionately affect ordinary citizens entangled in property disputes, family matters, or criminal cases, often with devastating consequences. The reserved seats case exemplifies this: a review petition delayed by the 2024 vacations allowed the government to pass the 26th Constitutional Amendment, shifting control over constitutional benches. The subsequent hearing suggested a potential reversal of the original decision, underscoring how vacations can impact significant constitutional outcomes.

The backlog of cases-51,581 in June 2022, rising to 52,450 by February 2023-grows during vacations, with 2,000 new cases added in summer 2024 alone.

Comparative models offer reform ideas. In the United States, the Supreme Court sits for only 79 days annually with no oral arguments scheduled for several months. However, justices work on opinions and administrative tasks during this period, and emergency matters are addressed. The U.K. Supreme Court, by contrast, operates for 189 days annually, with judges taking individual leave to ensure year-round functionality. India’s Supreme Court, with 193 working days, rebranded summer vacations as “partial working days” to address public criticism. Singapore’s staggered leave system ensures 145 sitting days. Pakistan could adopt similar flexibility, such as staggering judges’ vacations to keep benches active or designating urgent case hearings, as seen in the U.K.’s Technology and Construction Court.

The Supreme Court Rules 1980 provide a reform pathway. The Chief Justice can set the vacation start date, but the end date (second Monday of September) requires a full court meeting to amend. In 2024, Chief Justice Isa delayed vacations to July 15, shortening them by a month. However, Chief Justice Yahya Afridi has reverted to the 2.5-month schedule for 2025. Amending the Rules to make both dates flexible, coupled with a staggered vacation system, could ensure year-round access to justice.

Technology offers another avenue for reform. Video conferencing, already used in some lower courts, could enable remote hearings during vacations. Enhanced case management-prioritizing older cases or expanding judicial benches-could tackle the backlog more effectively. Transparent communication about active benches during vacations would also counter the perception of a judicial shutdown. Historically, court vacations stem from colonial practices, designed for British judges to escape the subcontinent’s heat or celebrate Christmas. Aligning vacations with Pakistan realities would signal a commitment to local needs.

Prolonged vacations erode public trust, particularly when high-profile cases face delays. India’s rebranding of vacations shows responsiveness to public sentiment, a lesson Pakistan’s judiciary could emulate. While judges need rest, the current vacation model is unsustainable amid a growing case backlog and public frustration. Building on the 2024 reduction, the judiciary should adopt staggered vacations, leverage technology, and amend the 1980 Rules to ensure timely justice. As Pakistan navigates complex legal challenges, an accessible judiciary is vital to upholding citizens’ rights and restoring confidence.

The writer is an advocate and social scientist. She posts on LinkedIn @Bina Shahid, X: @faraz_bina, and can be reached at binashahid21 @gmail.com

Filed Under: Op-Ed

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