Justice Deferred: Unravelling The Impact Of Court Delays

Shrivatsa Sharma, Vivekananda Institute of Professional Studies (Guru Gobind Singh Indraprastha University, Dwarka, Delhi)

ABSTRACT

This article examines the significance and reasons for adjournments in the legal process, focussing on the perspective of legal practitioners and common people. It compares the adjournment system in India with various legal systems around the world and highlights the inefficiencies and challenges faced in the procurement of law. Excessive adjournments are identified as a major cause of delays in receiving justice, leading to frustration and stress for lawyers and parties involved. The article emphasizes the need for accountability and consequences for parties and lawyers who abuse the adjournment system without valid reasons. It also highlights the lack of strict timelines for case disposal as a major issue. By comparing the Australian judicial system, which prioritize reducing adjournments, with the Indian system, the benefits of continuous trials and stricter adjournment regulations become apparent. This article also proposes comprehensive rules to address delays and adjournments in the legal system. Key points include removing profitability from delays, preventing false excuses, reimbursing costs, increasing fines, closing procedural rights, and emphasizing case and litigation management. Implementing these measures would discourage abusive adjournments, expedite justice, and restore public trust.