Sunday is not a Day for Judicial or Legal Proceedings
CAN a court sit and pass a judgement on a Sunday?
This was a question before the Allahabad High Court recently. The High Court had to decide whether the Rent Control and Eviction Officer was competent to hold court on Sunday and pass the impugned order.
The High Court observed,
The maxim DIES DOMINICUS NON EAST JURIDICUS means Sunday is not a day for judicial or legal proceedings. It is a day, which has been reserved for divine service from times immemorial. Therefore, as of practice ordinarily no judicial work or act is done on Sundays though ministerial acts may be performed or the lawmakers may occasionally sit and make laws even on Sundays. The above practice in principle has always been, and still is, law except, if otherwise provided by the Statute.
The above principle is not absolute and may not be applicable to the extraordinary jurisdiction exercised by the courts for protection of the fundamental rights of the citizens or any other legal right. It may also not apply where the courts for reasons to be recorded are of the view that any delay on its part would defeat the interest of justice.
Thus, the order dated 17.9.1995 (Sunday) passed by the Rent Control and Eviction Officer cannot stand in law for a minute.
Legal Corner Icon — the image was hosted by the publisher and was not captured.