Supreme Court Reiterates Stand Against Senior Lawyers Arguing During Court Vacations

The Supreme Court on Monday once again reiterated its long-standing view that senior advocates should refrain from arguing cases during court vacations, in order to create opportunities for younger members of the Bar.

The observation came during a vacation hearing when Senior Advocate Mukul Rohatgi appeared before the Bench seeking interim bail for a petitioner who has been in custody for 11 months, with a regular bail plea pending before the Delhi High Court since February 2025.

The Court questioned Rohatgi’s presence during the summer recess, pointing out that vacation benches are intended to promote participation by junior lawyers and advocates-on-record (AoRs). Despite the concern, the Court permitted Rohatgi to make brief submissions.

However, the Bench, comprising Justice Sanjay Karol and Justice Sandeep Mehta, expressed displeasure at the attempt to secure relief through a vacation hearing after a similar special leave petition had already been dismissed by a three-judge Bench.

“All those arguments—we aren’t at all impressed by the tactics of the petitioner. Your SLP was dismissed by a three-judge bench of this Court. Now you are trying to get in during this vacation and trying to get the same relief in a matter which has already been dismissed,” Justice Mehta remarked.

Following this, Rohatgi sought permission to withdraw the petition, which the Court allowed.

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This is not the first time the apex court has called on senior lawyers to step aside during court recesses. In June 2023, a Bench of Justices Vikram Nath and Ahsanuddin Amanullah had observed that instructing counsel and AoRs should be given an opportunity to argue and mention matters during the summer break.

Similarly, in May 2023, Justices PS Narasimha and Sanjay Karol remarked that senior advocates should allow junior lawyers to argue cases during vacation hearings. “We want the younger bar to grow, that is all; vacation was meant (to be an opportunity) only for the younger people,” Justice Karol had stated.

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Most recently, in May 2025, a Bench of Justices BV Nagarathna and SC Sharma reiterated the same position, urging senior lawyers to refrain from arguing during summer vacations.

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