Advocates Seeking Adjournments Due To District Court Engagement Show Lack Of Respect Towards HC, Professional Duties: Allahabad High Court

The Allahabad High Court recently deprecated the practice of advocates seeking adjournments on the ground that they are engaged before the district courts.The Court said that such conduct "shows lack of respect towards their professional duties as also towards the High Court" and causes "artificial and unwarranted increase in pendency of matters before the High Court".Importantly, the Court went on to observe that this practice highlights the "falling standards in the profession of Advocacy".The observations were made by a bench of Justice Subhash Vidyarthi while dealing with a criminal appeal under Section 14(A) of the SC-ST Act, wherein a request was made to adjourn the matter on the ground that 2 of the 3 engaged advocates were occupied before a district court.The Court noted that on the previous date of hearing too, no one had appeared on behalf of the appellant, and the matter had merely been passed over.Strongly deprecating the conduct of the advocates, the Court observed:"The conduct of the advocates in abstaining to appear for advancing submissions in a fresh case for the reason that they are busy in the trial court is strongly deprecated as it shows lack of respect towards their professional duties as also towards the High Court".The Court further added that while advocates are entitled to assist courts in the dispensation of justice, assistance of Advocates is not a condition precedent for adjudication of a dispute by this Court or by any Court.It observed that where advocates choose not to assist the Court without any just and reasonable cause, the Court has to perform its duty of adjudication of cases and dispensation of justice even without any assistance from the Advocates.Accordingly, since all the 3 counsels remained absent to argue the matter, the Court proceeded to decide the appeal after examining the record. On merits, the Court dismissed the appeal.However, before parting with the matter, Justice Vidyarthi remarked that the Court has come across several requests for adjournment of cases on the ground of the Counsels being engaged before the District Courts or Tribunals.The Court observed that there has been a practice of giving precedence to appearing before the High Court over subordinate courts and tribunals. However, it noted that at times advocates deliberately avoid attending the hearing of fresh cases to get matters passed over without any hearing or order, merely to keep them pending even though they do not deserve admission.According to the Court, this practice artificially and unwarrantedly increases the pendency of matters before the High Court. It further observed that proceedings pending before trial courts are repeatedly adjourned on the pretext of pendency of matters before the High Court even though no interim order has been passed, thereby causing unwarranted delays in the conclusion of trials.The Court therefore requested members of the Bar to "realize the importance of their role as responsible officers of the Court improve the standards of assistance being provided by them and refrain from seeking adjournments on unreasonable and frivolous grounds", observing that such conduct "results in decreased productivity of the Court and creates hurdles in speedy dispensation of justice".Case title - Chhotka vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others 2026 LiveLaw (AB) 462Case citation: 2026 LiveLaw (AB) 462Click Here To Read/Download Order

Advocates Seeking Adjournments Due To District Court Engagement Show Lack Of Respect Towards HC, Professional Duties: Allahabad High Court

Sparsh Upadhyay

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Sparsh Upadhyay

Advocates Seeking Adjournments Due To District Court Engagement Show Lack Of Respect Towards HC, Professional Duties: Allahabad High Court

Sparsh Upadhyay

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Sparsh Upadhyay

This is a premium content
Available exclusively to
Our subscribers