Introduction: On February 14, 2024, the Supreme Court of India issued a circular outlining revised procedures and modalities for the circulation of letters seeking adjournment of cases. This initiative aims to streamline the process, ensuring judicial efficiency and reducing unnecessary delays in the adjudication process. The new guidelines emphasize transparency, accountability, and the necessity of obtaining consent from opposing parties, marking a significant shift in how adjournments will be handled moving forward.
Detailed Analysis: The circular sets forth clear stipulations for when adjournment requests will be considered, explicitly prohibiting such requests in sensitive matters including bail/anticipatory bail cases, instances where exemption from surrendering has been granted, scenarios with interim orders favoring the party seeking adjournment, and when suspension of sentence is sought. Other cases allow for adjournment letters to be circulated until one day before the publication of the main list, with the request to be submitted via a designated email in a prescribed format.
A notable aspect of the new procedure is the requirement for parties seeking adjournment to provide specific reasons for the request, disclose the number of adjournments previously sought, and secure consent or no objection from all involved parties. The circular also limits parties to one adjournment request per case and disallows two consecutive adjournments without court listing, aiming to curb the practice of indefinitely prolonging cases.
Additionally, the circular mandates that adjourned matters be listed before the court within four weeks with a specific date, prohibiting requests for preponement. All adjournment letters are to be reviewed by a competent authority, with decisions to be publicly notified on the Supreme Court’s website, ensuring transparency.
Conclusion: The Supreme Court of India’s new adjournment procedure, effective from February 14, 2024, represents a significant stride towards enhancing judicial efficiency and minimizing unwarranted delays. By introducing stringent guidelines for adjournment requests, the Court seeks to foster a more disciplined litigation environment. This move is expected to expedite the resolution of pending cases, benefiting the judiciary, litigants, and the broader legal ecosystem. As the legal fraternity and litigants adapt to these changes, the ultimate goal remains the swift and fair administration of justice.
SUPREME COURT OF INDIA
F. No. 4 /Judl./2024
14th February, 2024
CIRCULAR
The following will be the procedure/modalities relating to circulation of Letters for adjournment of cases:
1) Procedure in after-notice miscellaneous matters:
a) No letters for adjournment shall be entertained in cases:
i) relating to bail/anticipatory bail;
ii) where exemption from surrendering has been granted;
iii) where interim order is operating in favour of the party who seeks adjournment; and
iv) where suspension of sentence has been sought for.
b) In other matters, letters for adjournment can be circulated till one day prior to publication of main list.
2) Request for adjournment of case shall be submitted in the prescribed format as per Annexure ‘A’ through e-mail: adjournment.letter@sci.nic.in
3) Specific reason for seeking adjournment and number of adjournments already sought shall be mentioned.
4) It is mandatory to obtain consent/no objection of advocates/parties appearing on the other side / Caveator before circulating the letter for adjournment.
5) Letters can be circulated by one party/counsel to the case only once.
6) Two consecutive adjournments, irrespective of which party is seeking an adjournment, shall not be permitted without the matter being listed before the Court.
7) Matters so adjourned will be listed before the Court within an outer limit of four weeks with a specific date of listing and no mentioning for seeking preponement of the date in such matters is permitted.
8) Letter(s) seeking adjournment shall be placed before the competent authority. If such request(s) is/are considered favourably, the list of matters not listed as per schedule will be notified on the website of this Court.
9) Circulating letters for adjournment in fresh and regular hearing matters is not permitted.
-sd/-
(Puneet Sehgal)
Registrar (Judl. Administration)
-sd/-
(Pavanesh D.)
Registrar (Judl. Listing)
ANNEXURE — A
SUPREME COURT OF INDIA
Application for adjournment
To,
The Registrar,
Supreme Court of India
Sir,
Kindly adjourn the hearing of the case, particulars whereof are given below:
1. Case number:
2. Coram/court:
3. Name of the applicant with status (petitioner/respondent):
4. Reason for adjournment:
5. Period of adjournment:
6. Whether the rest of the parties are intimated (names of Advocates appearing for other parties with confirmation for intimating them):
7. Next date of hearing:
8. Whether any interim order is operating in the case:
9. Number of adjournment/s already taken:
(Name/signature/status)
