The Supreme Court Today (June 6th) lamented that courts are often squarely blamed for delays in case disposal, even though it’s sometimes the lawyers and litigants who contribute to such delays. “We are sitting (even) in vacation but nobody is here to argue,” the Court remarked after a lawyer sought the adjournment of a case.
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NEW DELHI: The Supreme Court today expressed its frustration over the frequent delays in case disposal, often attributed to the courts, despite the significant role lawyers and litigants play in causing such delays.
This sentiment was echoed by a Vacation Bench comprising Justices PV Sanjay Kumar and Prasanna B Varale during a hearing.
The Bench was considering a civil appeal filed in 2017 when a lawyer requested an adjournment, citing the unavailability of the arguing counsel due to illness. Justice Kumar questioned the lawyer,
“Why do you not argue for him? Are you not attached to his office? Do you not read office pleadings?”
The lawyer admitted that he was not familiar with the case facts as he had not reviewed the case brief.
In response, Justice Kumar remarked,
“After 2019, this matter is coming up now. The lawyers are not ready to argue. What is this? Yesterday we sat till 12:30 PM and today I do not even think we would be able to sit till 12. Then courts are blamed for delay. We are sitting in vacation but nobody is here to argue.”
Justice Kumar emphasized the importance of young lawyers taking the opportunity to argue cases when their seniors are unavailable, especially during vacation hearings. He stated,
“The youngsters must take this advantage when their seniors are doing holiday abroad.”
He also suggested that this practice should become standard unless specific instructions dictate otherwise.
The Court inquired if the senior counsel in question prohibited his juniors from arguing or reading office briefs. The lawyer confirmed that juniors were allowed to argue. Despite granting the adjournment request, the Court stressed that the junior lawyer must be prepared to argue the case at the next hearing. Justice Kumar insisted,
“You are not taking this opportunity. Seeking adjournment. We are posting it next week. You must argue. Even if your senior recovers, he will sit next to you and you should argue.”
This exchange highlights the Court’s ongoing concern with the efficiency of legal proceedings and the responsibility of legal practitioners to mitigate delays actively.
The observations made by the Supreme Court highlight a critical issue in the Indian legal system: the delay in case disposal and the multifaceted reasons behind it. The court’s frustration is understandable given the significant backlog of cases, which often leads to prolonged justice delivery. Here are some key points that emerge from this situation:
- Shared Responsibility for Delays: The Supreme Court’s remarks underscore that while courts are often blamed for delays, lawyers and litigants also contribute significantly. Lawyers seeking frequent adjournments, as seen in this case, add to the backlog and delay justice. This shared responsibility needs to be acknowledged more broadly.
- Opportunity for Junior Lawyers: The Court’s encouragement for junior lawyers to take up cases when seniors are unavailable is a positive step. It not only helps in reducing delays but also provides valuable courtroom experience to younger advocates. This practice can foster a more dynamic and responsive legal profession.
- Vacation Benches and Efficient Case Management: The willingness of the judges to sit during vacations to clear pending cases shows their commitment to addressing delays. However, the lack of readiness from lawyers during these periods defeats the purpose. Efficient case management requires active participation from all stakeholders, including judges, lawyers, and court staff.
- Professional Responsibility: Lawyers have a duty to their clients and the justice system to be prepared and proactive. The incident where a lawyer was not aware of the case details points to a need for better internal practices within law firms and among individual practitioners.
- Systemic Improvements: While individual responsibility is crucial, there are systemic issues that need addressing. These include better scheduling practices, reducing unnecessary adjournments, and perhaps even reforming certain procedural aspects that allow for easy delays.
The Supreme Court’s observations call for a collective introspection and action within the legal community. Addressing delays is not just about speeding up court processes but also about improving professional practices among lawyers and ensuring a collaborative effort to make the legal system more efficient and just.
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