Courts are frequently blamed for delays in case disposal, yet often it’s the lawyers and litigants who contribute to these delays, lamented the Supreme Court today.
A vacation Bench of Justices PV Sanjay Kumar and Prasanna B Varale highlighted this issue after a lawyer requested an adjournment for a civil appeal filed in 2017, citing the unavailability of the arguing counsel due to illness.
“Why do you not argue for him? Are you not attached to his office? Do you not read office pleadings?” Justice Kumar questioned the lawyer.
The advocate admitted that he was unaware of the case details as he had not reviewed the case brief.
This prompted Justice Kumar to remark, “After 2019, this matter is coming up now. The lawyers are not ready to argue. What is this? Yesterday we sat till 12:30 PM and today I do not even think we would be able to sit till 12. Then courts are blamed for delay. We are sitting in vacation but nobody is here to argue.”
The Court emphasized the need for young lawyers to take on the responsibility of arguing cases in the absence of their seniors, especially during vacation hearings when senior lawyers may be on holiday abroad.
“The youngsters must take this advantage when their seniors are doing holiday abroad,” Justice Kumar asserted.
The Bench suggested this practice should become standard unless there are specific instructions otherwise.
The Court further inquired whether the arguing counsel in question prevented his juniors from arguing or reviewing office briefs. The lawyer confirmed that juniors were permitted to argue cases.
Granting the adjournment request, the Court insisted that the junior lawyer must argue the case when it is next heard.
“You are not taking this opportunity. Seeking adjournment. We are posting it next week. You must argue. Even if your senior recovers, he will sit next to you and you should argue,” Justice Kumar stated.
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