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Blame judges for 3 crore pending cases

Posted by iluvshrutiverma on February 12, 2010

NEW DELHI: A Delhi high court judge has blamed his colleagues for the
“culture of adjournment” that often prolongs cases for years.

Rueing the “latitude shown by the high court” to lawyers who plead for
adjournments, justice S N Dhingra said: “*It appears as if there is an
understanding between the courts and advocates *that come what may the
orders of trial courts refusing adjournments shall be set aside on mercy
pleas and one more opportunity shall be granted.”

*Claiming that courts often grant adjournments on “frivolous grounds”,
Dhingra said: “A separate breed of advocates has cropped up who are experts
in pleading for adjournments and dragging cases. This culture has to be
brought to an end,”* the HC noted, while upholding a order passed by a
guardianship court in a child custody dispute between a couple. The court
refused to adjourn the case when the *woman’s lawyer claimed that he had
left the case files in his car which was stolen 11 days ago. *

The last line shows the cute argument by the lawyer!  If you think that a
lawyer will not lie about his car being stolen, maybe you need an education
in what lawyers in India can get away with.  In BMW case, the
‘well-respected’ defence lawyers who influenced a key witness and were
caught in a sting operation were fined a mere Rs 2,000 by the bar council
and were not allowed to take cases for 2 months.  Long live bar councils!  I
am not saying that, lawyers are.

The HC agreed with the decision of the lower court to proceed with the
hearing and close cross examination of witnesses, despite protests by the
advocate of the child’s mother. “*Adjournments are sought in the name of
strikes, elections, personal difficulties of the senior or briefing counsels
or because two counsels agree to an adjournment*…

Did you read the last part… *two counsels agree to an adjournment… *so now
if you have a doubt how come your case drags on for so long, don’t just
blame other party’s lawyer; it could well be your own lawyer is a willing
party to this *adjournment game at your expense*.

This whole culture of adjournment is a major reasons why a *case or a
petition, which should be decided in two or three hearings, is disposed of
in more than 100 hearings,” *the HC noted while dismissing the appeal filed
by the child’s mother against the lower court’s order.

This is a damning indictment of judiciary and judges.  On one hand, prime
minister, law minister, and chief justice rue about 3 crore plus cases
pending in courts; but if a case is dragged from 3 hearings to more than
100, even god in his next avatar cannot reclaim the judiciary from sinking
*Since lawyers do their job in representing their clients, the majority of
blame lies with judges in granting adjournments at the drop of a hat.*

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