'Unfair Burden On Lawyers': Supreme Court Advocates-on-Record Association Opposes Decision To Ban Adjournment Letters Till December 15

Ahead of the annual winter break in December, the top court notified a change in the process of seeking adjournment "in the interest of litigants". The circular, issued on December 5, states -

"In order to accommodate the request of listing maximum number of cases in the interest of litigants and in view of the ensuing winter vacation, all stakeholders to note that the practice of circulating adjournment slips/letters is discontinued with immediate effect till 15.12.2023. In case of any genuine difficulty, a request for adjournment can be made before the court concerned."

This change in the process of seeking the deferment of a hearing, however, has left the SCAORA unhappy. Expressing its dissatisfaction, the lawyers' body said that this new mechanism has led to complaints from its members. Pointing to the "sudden and faulty listing of matters by the registry", the association has said that the absence of prior notice may result in an 'unfair burden' on lawyers who are unprepared to argue a matter. Not only this, it would also be against the best interest of litigants and the convenience of judges. The resolution reads:

"The Supreme Court Advocates on Record Association has received numerous complaints from the members of the Bar against the circular. It resolves to vehemently oppose the implementation of the aforesaid circular which discontinues the well-established practice of circulating letters in the best interests of the litigants and for the convenience of the judges. The absence of prior notice may result in an unfair burden over the lawyers for an unprepared matter especially in view of the present sudden and faulty listing of matters by the registry."

The association has, therefore, urged Chief Justice DY Chandrachud to "expedite the reversal of this circular" and allow lawyers to continue circulating adjournment letters one day before a matter is listed.