Newspulse

The Supreme Court of India recently introduced new guidelines on seeking adjournments in legal cases. These changes aim to address the challenges posed by the prevalent “adjournment culture.” Here’s a comprehensive FAQ to help you understand the key aspects of these new rules.

1. What prompted the Supreme Court to implement these guidelines?

The Chief Justice of India, Dhananjaya Y Chandrachud, highlighted the challenges posed by the “adjournment culture” in a foundation day lecture on January 28, 2024. The guidelines were introduced in response to these challenges.

2. What are the key changes introduced by the new guidelines?

• Lawyers must obtain consent from the opposing side before circulating a request for adjournment.
• Two consecutive adjournments in a case are prohibited.
• Specific reasons for seeking adjournment must be provided, along with the total number of adjournments already sought.
• The court will not entertain adjournment requests in certain circumstances.

3. When can letters for adjournment be circulated?

In cases where notice has been issued, no letters for adjournment shall be entertained in matters related to bail, anticipatory bail, exemption from surrendering, interim orders, or suspension of sentence. In other cases, letters can be circulated a day before the case list’s publication.

4. How often can letters for adjournment be circulated?

Letters for adjournment can be circulated by one party/counsel to the case only once.

5. Is there a requirement for consent from the opposing side?

Yes, it is mandatory to obtain the consent or no objection of advocates/parties appearing on the opposite side before moving a letter of adjournment.

6. What happens after a case is adjourned?

The adjourned matter must be listed before the court within the following four weeks. Requests to mention the matter to seek an advanced date will not be permitted.

7. How does the Supreme Court plan to standardize information?

The circular introduces a form that must be filled out to standardize the information that needs to be shared, ensuring consistency.

8. What did CJI Chandrachud emphasize in his address?

CJI Chandrachud emphasized the need to transition from an “adjournment culture” to a culture of professionalism and urged a reduction in the length of oral arguments to avoid delaying judicial outcomes.

Conclusion

The Supreme Court’s new guidelines aim to bring about a cultural shift in legal proceedings, promoting professionalism and timely judicial outcomes. These changes are crucial for the institution’s continued relevance and progress. If you have further questions or insights, feel free to share them in the comments section.