The newly appointed Chief Justice of India, Sanjiv Khanna, announced on Monday his willingness to consider a request from the legal community to reinstate the practice of seeking case adjournments via letter circulation. The request, made by a practicing lawyer, also included a proposal to reintroduce the publication of physical causelists, which would supplement the Supreme Court’s digital systems and enhance accessibility for some practitioners.
This decision comes nearly a year after the Supreme Court temporarily suspended the adjournment-by-letter circulation process in December 2022. Following this, the Court implemented revised guidelines in February 2023, imposing stringent restrictions on the types of cases eligible for adjournment requests through letter circulation.
Restrictions on Adjournments by Letter
Under the February protocol, certain cases are no longer eligible for adjournment by letter. These include:
– Cases involving bail or anticipatory bail requests where surrender exemption has been sought.
– Matters where an interim order supports the party requesting the adjournment.
– Cases requesting suspension of sentences.
– Cases listed for fresh and regular hearings.
This measure was intended to streamline case handling and prevent potential misuse of the adjournment process. However, legal practitioners have since requested greater flexibility, especially for cases that fall outside these restricted categories.
Current Adjournment Procedures
According to the existing procedure, letter-based adjournment requests must be submitted at least one day before the main list’s publication. Legal teams or their clients are permitted to request adjournment via letter circulation only once per case, with no allowance for consecutive adjournments outside court listings. Cases adjourned under these guidelines are rescheduled for hearing within a maximum of four weeks, ensuring minimal disruption to the court’s docket.
The proposal to reconsider this practice comes in response to practitioners seeking greater convenience in requesting adjournments, especially in instances where circumstances prevent in-person representation or electronic filing.
Proposal to Publish Physical Causelists
Alongside the adjournment discussion, CJI Khanna has also agreed to review the proposal to reintroduce physical causelists. While digital causelists have become standard in recent years, physical lists could provide additional accessibility for some practitioners and aid those facing digital limitations.
