oppn parties Adjournments Are the Bane of Indian Legal System

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
Stock markets on fire due to US results, Sensex gains 2008 points to reach its highest level in 8 months
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Adjournments Are the Bane of Indian Legal System

By Sunil Garodia
First publised on 2017-01-19 16:23:47

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack
The dialogue tareekh pe tareekh was made famous by Sunny Deol in the film Damini, but adjournments are a major hindrance in dispensing of speedy justice in India and contribute majorly in the system getting clogged. Chief Justice J S Khehar has little patience with lawyers and advocates who seek adjournment on flimsy grounds. A few months ago, when he had not become the CJI, he snapped when adjournments were sought in continuous cases. He angrily remarked “What is happening? Why is everybody in a holiday mood?” When a junior lawyer pleaded that he did not have the case papers, Justice Khehar offered him his file with the words “Here, take my file. Argue.” Then he pressed the buzzer for recess and went to the inner chambers, instructing his staff to call him “when the lawyers are ready.”

Again, a few days ago, he castigated the central government for seeking frivolous adjournments with a warning to impose heavy fines on such pleas. Justice Khehar said “You (Centre) have been seeking adjournments in every matter. We haven't done anything since morning. From now on, we will start imposing heavy costs for every adjournment". Then again, just a few days back when Justice Khehar found that states were not filing responses in time, he angrily asked “Is this a panchayat going on here that the states are not serious?” He directed the states to file the responses in four weeks, failing which the concerned secretaries will remain present in court. The same day, when a junior lawyer sought adjournment on the plea that his senior had gone out of station for personal reasons, the CJI snapped “Is this a joke court or the Supreme Court?”

The legal fraternity is also concerned. Dushyant Dave, the president of the Supreme Court Bar Association said that “This is very unfortunate. The bar must realize that they have a responsibility towards the litigant. In any other country, you would have to face serious consequences by way of consumer court cases and complaints to the bar councils.” Eminent jurist Soli Sorabjee also came down heavily on what he called “utter nonsense” and the “greatest curse” and was of the opinion that advocates must be brought under the Consumer Protection Act to make them responsible to their clients. But despite this, nothing seems to be happening and lawyers shamelessly approach the courts for repeated adjournments on frivolous grounds.

The Supreme Court has been making strong observations and passing many directives against repeated adjournments for the last few years, but in the absence of a deterrent or penalty, lawyers have been ignoring all such remarks with gay abandon. In a situation similar to kids asking to be excused from going to school by thinking of ingenuous excuses every day, lawyers cook up various excuses to seek adjournments. But this goes against the interests of the clients they represent, whose cases are prolonged unnecessarily and they have to bear the lawyer’s fees despite nothing taking place on the day of the hearing. Bringing lawyers under the Consumer Protection Act is one way to combat this menace, but just that is unlikely to yield the desired results. It will only add up to more disputes, this time between litigants and their lawyers. One feels that the time has now come to look into restricting the number of cases each lawyer can take up at a time, like it is done with the limit placed on statutory audits chartered accountants can take up.