Court should not grant repeated adjournments in routine manner: SC

Read Order: Ishwarlal Mali Rathod vs. Gopal & Ors

Pankaj Bajpai

New Delhi, September  27, 2021: The Supreme Court has stated that 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.

The Division Bench of Justice M.R. Shah & Justice A.S. Bopanna observed that the courts shall not grant the adjournments in 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 efficient justice dispensation system and maintain faith in rule of law, added the Bench.

The observation came to be passed in reference to SLPs challenging an order whereby the High Court of Madhya Pradesh had confirmed the order passed by the Trial Court closing the right to cross-examine the plaintiff’s witness, due to repeated adjournments.

“Today the judiciary and the justice delivery system is facing acute problem of delay which ultimately affects the right of the litigant to access to justice and the speedy trial. Arrears are mounting because of such delay and dilatory tactics and asking repeated adjournments by the advocates and mechanically and in routine manner granted by the courts. It cannot be disputed that due to delay in access to justice and not getting the timely justice it may shaken the trust and confidence of the litigants in the justice delivery system. Many a times, the task of adjournments is used to kill Justice”, observed the Bench.

While observing that courts are enjoying upon performing their duties with the object of strengthening the confidence of common man in the institution entrusted with the administration of the justice, the Top Court said that any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged.

The Division Bench highlighted that in the case of Noor Mohammed vs. Jethanand and Anr., using very harsh words and condemning the repeated adjournments sought by the lawyers and granted by the courts, this court has observed that delayed delineation of a controversy in a court of law creates a dent in the normative dispensation of justice and in the ultimate eventuate, the Bench and the Bar gradually lose their reverence, for the sense of divinity and nobility really flows from the institutional serviceability.

In the said case of Noor Mohammed, it was also held that foundation of justice, apart from other things, rests on the speedy delineation of the lis pending in courts. Further, its profundity lies in not allowing anything to cripple the same or to do any act which would freeze it or make it suffer from impotency, added the Bench.

“Considering the fact that in the present case ten times adjournments were given between 2015 to 2019 and twice the orders were passed granting time for cross examination as a last chance and that too at one point of time even a cost was also imposed and even thereafter also when lastly the High Court passed an order with extending the time it was specifically mentioned that no further time shall be extended and/or granted still the petitioner – defendant never availed of the liberty and the grace shown. In fact it can be said that the petitioner – defendant misused the liberty and the grace shown by the court”, observed the Division Bench.

Therefore, the Supreme Court dismissed the SLP.