In a notable development, 281 Supreme Court lawyers have collectively penned a letter to the Chief Justice of India, DY Chandrachud, urging him to reconsider a circular issued by the apex court on December 22 last year. The circular, which announced the discontinuation of the practice of circulating adjournment requests until a fresh Standard Operating Procedure (SOP) is formulated, has sparked concerns among the legal fraternity.
Both the Supreme Court Advocates-on-Record Association (SCAORA) and the Supreme Court Bar Association (SCBA) expressed their opposition to the proposed change, urging the court not to discontinue the established practice. In response to their concerns, the top court established a committee of judges to develop a standard operating procedure (SoP) for adjournments.
The circular was introduced with the aim of streamlining court proceedings and ensuring the maximum listing of cases before the upcoming winter vacation. However, the lawyers argue that the abrupt discontinuation of the longstanding practice of circulating adjournment slips/letters could have adverse implications for both the bar and the bench.
The lawyers contend that the discontinuation of the said practice may lead to "serious consequences for both bar and the bench." They stress that the practice has been an integral part of the legal process, allowing for smoother and more efficient court proceedings. The circular did acknowledge that in cases involving genuine difficulties, adjournment requests could still be made before the court concerned.
In their letter dated January 11, 2024, addressed to Chief Justice Chandrachud, the lawyers have requested the resumption of the old practice until the introduction of a new system. They argue that the sudden halt to the established procedure could cause disruptions and hinder the fair representation of their clients' cases.
The advocates highlight the importance of striking a balance between the need for expeditious legal proceedings and ensuring that genuine difficulties faced by litigants are duly addressed. While acknowledging the court's intent to prioritize cases before the winter vacation, the lawyers emphasize the necessity of a smooth transition to any new SOP that might be introduced.
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