The
Supreme Court on Tuesday censured the practice of lawyers seeking adjournments
to obtain instructions from their clients, noting that such conduct contributes
to the court’s mounting pendency, which now stands at about 90,000 cases.
A
two-judge bench of Justices BV Nagarathna and R Mahadevan admonished the lawyer
representing the Karnataka government after she asked for additional time to
seek instructions in a criminal matter involving allegations of trespassing and
theft of coffee beans.
Justice
Nagarathna said, "Whenever we ask a question, learned counsel will say I
have to seek instructions. That's how matters are getting adjourned. The
pendency of this court is 90,000. Who is responsible for it? It will cross a
lakh."
The
court made these remarks while hearing a plea filed by three sisters seeking
discharge in connection with a criminal case of alleged trespassing into a
coffee estate and removing harvested beans.
During
the proceedings, the state government's counsel requested time to examine the
records and seek instructions on basic queries raised by the bench about the
recovery memo. This led Justice Nagarathna to note that the court was already
dealing with a pendency of 90,000 cases. She further said adjournments are
likely to benefit the advocates and not the litigants. Counsel, she said,
should receive instructions as soon as the cause list is published, especially
now that electronic communication and video conferencing are easily available.
Justice Nagarathna
expressed dissatisfaction with the assistance that the Karnataka government
provided, adding, "This is not the kind of assistance we should get from
the counsels or standing counsel of the State or whoever it is. We asked a
simple question – what is the stand of your party…”
The case stems from the
allegations levelled against the three sisters, who are accused of trespassing
into a coffee estate on December 23, 2014. According to the report, the three
sisters harvested coffee beans by threatening the staff of the coffee
plantation and transporting them in a lorry.