"This Virus Has To Be Controlled": Allahabad High Court Expresses Dissatisfaction On Seeking Unnecessary Adjournments

"We are constrained to say the virus of seeking adjournment has to be controlled." The Court observed while hearing a petition seeking direction on the Judicial Magistrate, Faizabad to decide a pending case of 2018 under Sec. 12 of the Domestic Violence Act.

The Court observed that in the present matter, the counsels for petitioner and defendant, have acted in a manner "to cause colossal insult to justice and to the concept of speedy disposal of civil litigation."

The Judge also quoted "Gita" for guiding the trial courts to not indulge in the acts of giving unnecessary adjournments to the parties. The order states:

"The saying of Gita "Awake! Arise! Oh Partha" is apt here to be stated for guidance of trial courts."

On this, the bench also relied on the judgment of Noor Mohammed v. Jethanand (2013) 5 SCC 202 wherein the Apex Court held that "Timely delivery of justice keeps the faith ingrained and establishes the sustained stability. Access to speedy justice is regarded as a human right which is deeply rooted in the foundational concept of democracy and such a right is not only the creation of law but also a natural right."

Reliance was also put on the judgment of Shiv Cotex v. Tirgun Auto Plast Pvt. Ltd. (2011) 9 SCC 678 wherein it has been stated that "It is sad, but true, that the litigants seek? And the courts grant adjournments at the drop of a hat. In the cases where the Judges are little proactive and refuse to accede to the requests of unnecessary adjournments, the litigants deploy all sorts of methods in protracting the litigation."

Therefore, the bench went ahead to observe that the lawyers abstain from work on various counts and that a counsel appearing for a litigant has to have an "institutional responsibility". Therefore, it is expected that unnecessary adjournments should not be sought.

"The speedy justice is the fundamental right of every litigant but at the same time the long pendency of old cases also cannot be ignored and no one can be permitted to linger on the proceedings unnecessarily." The Court observed.

In view of this, the bench directed the Judicial Magistrate, Faizabad to consider and decide the matter within three months and deal the same in accordance with law.

Case Name: Radha v. State of UP & Anr.

Order Dated: 18.01.2021