| Published on 20-09-2007 In National |
| Viewed 1640 times |
| The abhorrent adjournment |
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Written by
Cho Ramaswamy |
Cases waiting for final pronouncements in various courts in a stagnated condition for years together are nothing new. Judges wringing their hands in anguish over the matter too is old hat. On the contrary, a sitting judge or his/her retiring counterpart expressing strong opinions expressing sadness over this state of affairs has become a predictable formality.
At this point in time, while passing final orders on a half a century old case, judges of the Supreme Court have gone on record saying, "Such inordinate delays will result in people losing faith in the judiciary."
This kind of righteous indignation will find expression through other presiding officers on a future occasion.
When a judge of the Apex Court made similar comment, I had reacted to it thus:
"In spite of possession of clear understanding that their long winding arguments will not help their clients' cause, advocates do exactly that with the full knowledge and leave of the courts. Under the pretext of facilitating garnering of information, cases are inordinately delayed by seeking adjournments. Judges oblige the lawyers."
"The situation has not worsened to the extent of judges' using the biblical adage publicly to inform advocates, 'Ask and thou shall be given,' vis-à-vis adjournments. If courts reduce their generousness in matters of postponing cases, the longevity of the life of litigations would be lessened," I had said.
Thousands of cases are pending in which governments are a party. Restoration of pensions, getting compensation in cases wherein public transport vehicles have knocked people down, seeking rightful promotions, etcetera are some of the ordinary, everyday instances in which the common man has had to move the courts.
The ordinary citizen is driven from pillar to post in the most rudimentary of issues by those in power. Several series of appeals are filed in higher courts by those who ought not to have done so after the first set of pronouncements have pointed out the error of their ways.
Justice delayed is justice denied, goes the cliché. Let me add to it by saying that indulgence in such methods is perpetration of injustice by arms of the government.
Would it be too much of a mistake if various state governments follow the generosity shown by the central government to Italian businessman Ottavio Quattrocchi and decide to alleviate the sufferings of their employees?
Further, courts must rule that there would be no leave for appeal except in certain kinds of cases.
Delays generated by filing meaningless appeals should be stopped forthwith.
There are many who know that attempts such as filing CMPs, interlocutory petitions and appeals will drag matters interminably – making the ordinary litigant suffer because it will prolong his/her agony and derive vicarious, sadistic pleasure out of it.
If the courts give such matters of abusing the powers of the court the shortest shrift possible and award punitive costs, delays will be shortened considerably.
There will be other occasions when judges will say the same thing and I will parrot my stand in the matter perhaps in slightly different words. Till then, I only appeal for yet another adjournment.
(Translated from Thuglak by TSV Hari) |
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