Supreme Court says 'time to change work culture' & to refrain from routinely adjournments

The Supreme Court, in an order recently, urged the courts to refrain from granting repeated adjournments in a routine manner. Justice AS Bopanna and Justice MR Shah implied that the courts must not be the cause for delay in dispensing justice and adjournments should not be mechanically granted regularly. The Top Court held that repeated adjournments in a matter subsequently lose confidence in the justice delivery system of the court.

"Courts shall not grant the adjournments in a routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice. The courts have to be diligent and take timely action in order to usher in an efficient justice dispensation system and maintain faith in rule of law," Justice AS Bopanna and Justice MR Shah noted. 

A division bench of Justice AS Bopanna and Justice MR Shah was hearing an appeal against an order passed by Madhya Pradesh High Court wherein the right of defendants to cross-examine plaintiff's witnesses was closed conforming to a lower court's order. 

'Time has come to get out of adjournment culture': Supreme Court

Observing that trial courts refuse to grant 'unnecessary' adjournments, thus stand accused of being strict, the bench said that they are further subjected to the 'displeasure of the Bar'. However, a judicial officer should not worry about that if their conscience is clear and the judicial officer has to bear in mind their duties to the litigants before the court, the top court pointed out. 

"Time has now come to change the work culture and get out of the adjournment culture so that confidence and trust put by the litigants in the Justice delivery system is not shaken and Rule of Law is maintained," Justice AS Bopanna and Justice MR Shah observed.

Supreme Court on pendency of cases

Stressing that adjournments kill the essence of justice and its timely delivery, the bench noted that the pendency of cases had been mounting. According to the top court, delay in tactics and repeated adjournments are substantially contributing to the pendency. 

"Arrears are mounting because of such delay and dilatory tactics and asking repeated adjournments by the advocates and mechanically and in a routine manner by the courts." the top court said.

The Supreme Court's observations came to the fore because nearly 10 adjournments were granted by a trial court between 2014 and 2019 to the defendants in the case at hand. Moreover, the adjournment was granted with cost as the last opportunity. 

Image: PTI/Representative