No Letters Of Adjournment In Bail Matters And Matters Were Interim Orders Have Been Obtained: SC Announces New Modalities For Circulating Letters Of Adjournment

The Supreme Court has issued a Circular today containing new modalities and procedures relating to the circulation of letters for adjournment of cases before the Supreme Court.

Earlier, the Supreme Court halted the practice of circulating advance adjournment slips by advocates to accommodate the listing of a maximum number of cases before winter break.

The Circular issued today says, “No letter of adjournment shall be entertained in cases relating to bail/anticipatory bail; where exemption from surrendering has been granted; where interim order is operating in favour of the party who seeks adjournment; and where suspension of sentence has been sought for''. In all other matters, letters for adjournment can be circulated till one day before publication of the main list.

As per the new Circular, the request for adjournment of the case must be submitted in the prescribed format through e-mail.

The Circular says that obtaining consent or no objection from advocates or parties appearing on the other side or caveator is mandatory before circulating the adjournment letter. A party to the case is allowed to apply for adjournment only once and two consecutive adjournments shall not be permitted, irrespective of which party is seeking an adjournment, as per the new procedure.

The Circular also says that the matter so adjourned will be listed within an outer limit of four weeks with a specific date of listing and no request for preponement is permitted in such cases. It says that circulating letters for adjournment in fresh and regular hearing matters are not permitted.

Earlier, the Supreme Court Advocates Association had objected to halting of the practice of circulating adjournment letters. The Advocates-On-Record Association (SCAORA) had also opposed the implementation of the circular stopping the practice of circulating adjournment letters. As per the resolution passed by the Executive Committee of SCAORA, the absence of prior notice before issuing the circular would result in an unfair burden on lawyers for an unprepared matter “especially in view of the present sudden and faulty listing of matters by the Registry”.

In November last year, CJI Chandrachud had expressed concern regarding the frequent adjournment requests made by Advocates, even after mentioning their cases for urgent hearings. The CJI had urged members of the Bar to consider the necessity of adjournment and called upon the Bar Association to reflect on this matter and take necessary corrective measures.

Click here to read/download Circular