Priyanka Saurabh writes
How long will victims continue to get ‘dates on dates’?
It is rightly said, “Justice delayed is justice denied,” underscoring the urgent need for timely reforms to ensure fair and equitable justice for all. Extended timelines due to adjournments limit access to timely justice, thereby affecting public confidence in the judicial system. Organize workshops to educate lawyers on ethical practices, discourage unnecessary adjournment requests, and promote timely case resolution. Legal bodies have initiated continuing professional development programs aimed at developing a culture of efficient case settlement.
-Priyanka Saurabh
Judicial backlog is a major challenge in India, where over 4 crore cases are pending in various courts. One of the main reasons for this backlog is excessive judicial adjournments, which delay case resolution and hinder the delivery of justice. Despite efforts to streamline proceedings, frequent adjournments are hampering progress. Addressing this issue requires understanding its root causes and implementing systematic reforms. Frequent adjournments increase the length of cases, sometimes taking years or decades to reach a final resolution, thereby affecting the efficiency of the judiciary. Each adjournment increases the overall cost of litigation, thereby placing a financial burden on the parties, especially those from lower socio-economic backgrounds. The extended timelines caused by adjournments limit access to timely justice, thereby affecting public confidence in the judicial system.
Criminal cases involving undertrials often witness multiple adjournments, thereby delaying justice and affecting the accused’s right to a fair and speedy trial. Adjournments also lead to loss of valuable court time, which could be used to settle other cases, thereby reducing the overall efficiency of the system. Delays caused by adjournments can lead to witness fatigue, memory erosion, and sometimes a tendency to recant, thereby affecting the quality of evidence and case outcomes. In cases of witness intimidation, frequent adjournments cause witnesses to recant or change their statements, thereby affecting the verdict.
The procedural code provides leeway for adjournments, allowing lawyers to exploit this flexibility for strategic advantage. The Code of Civil Procedure allows adjournments under certain conditions, but these are often abused to delay proceedings. High caseloads and limited court staff contribute to frequent adjournments as judges struggle to allocate sufficient time to each case. In lower courts, judges are often overburdened, handling hundreds of cases each month, resulting in adjournments. Parties may deliberately seek adjournments to delay proceedings for personal or strategic reasons, such as to delay financial obligations or to postpone adverse judgments. In property disputes, defendants sometimes request frequent adjournments to prolong possession without resolution.
The absence of effective case management systems means that cases are not efficiently scheduled or monitored, leading to unnecessary adjournments. Courts lacking digital case-tracking systems face administrative inefficiencies, making it difficult to monitor case progress and reduce delays. Limited availability of trained court personnel, especially in rural areas, leads to procedural delays and frequent requests for adjournments. Limit the number of adjournments by amending procedural codes, especially in civil and criminal cases. Some high courts have introduced reforms to limit adjournments to a maximum of three per case, thereby improving case resolution timelines. Implement digital case management tools to streamline scheduling, monitor case progress, and effectively allocate court resources. The e-courts project aims to introduce digital systems for efficient case tracking, increasing transparency, and reducing unnecessary delays.
Introduce performance incentives for judges and court staff to encourage efficient disposal of cases and reduce adjournments. States have implemented schemes that recognize and reward judicial officers for adhering to case timelines, thereby promoting accountability. Address shortages of judges by appointing additional personnel, particularly in overburdened courts, to improve case handling capacity. Recent government initiatives to appoint additional district judges have helped reduce case loads in some high-pendency areas. Organize workshops to educate lawyers on ethical practices, discourage unnecessary adjournment requests, and promote timely case resolution. Legal bodies have initiated continuing professional development programs aimed at developing a culture of efficient case disposal.
Reducing judicial adjournments is essential to address India’s judicial backlog and enhance justice delivery. By adopting measures such as case management, limiting adjournments, and expanding judicial capacity, the judiciary can progress towards an efficient system. It is rightly said, “Justice delayed is justice denied,” underscoring the urgent need for timely reforms to ensure fair and equitable justice for all