This article is based on hard practical realities being prevailed in the courts of Justice in the interest of Justice. The age of case is longer than that of period of generation in our country due to the ' in the interest of Justice ' system.
Unfortunately there is no provision in the Law to restrain or curtail the custom of adjournment ' in the interest of Justice'. In civil litigation, Litigation is given as a gift to the second or third generation in heritage due to the system.
Whether the interest of Justice is really fulfilled by the term ' in the interest of Justice' or whose interest is satisfied for obtaining Justice after the span of two decades or longer than that period. Sometimes the case is older than the period of practice of advocate who handles it and the same scenario is with bench as well. As a lawyer I have observed the pitiable plight of the litigants who come to the Courts with the hope that Justice will be given to them but at the end of the day, month, year or years, they obtain a 'date ' in the interest of Justice but not Justice. The litigants are already sufferer before knocking down the doors of the Court, they become more sufferer after entering into the court. They are mentally, physically, socially and financially ruined in the interest of Justice.
The litigants, sometimes, compel themselves to settle their cases, though their cases are genuine, they think that though their cases are genuine, though they are right, cases are unnecessarily dragged or prolonged more and more years, it is better to settle the cases with the other side, how much he is at the fault is irrespective. Kasab case, expenses behind that case is the best example of" in the interest of Justice" .
Sometimes, an unborn child is gifted litigation when it is in the womb of its mother, before it comes to this beautiful world. In such a case who is responsible ? the society, people, system, custom of ' in the interest of Justice'.
The system or custom- in the interest of Justice , is the mother of Lok Adalat, Arbitration, conciliation and such other settlement mode in the law. If the Justice is made within stipulated time, no such mode of settlement is required.
The accused in criminal case and the defendant in civil case enjoy this system and the genuine complainant or the plaintiff is crushed with no fault of him. For the complainant or plaintiff as the case may be, court is a temple, Justice is 'Aaradhya Dev', but the irony is that that God ( Aaradhya Dev) is always pleased with the accused or defendant by giving 'prasad' i.e. adjournment. In the name of Justice the poor devotee i.e. complainant or the plaintiff is reciting all types of prayers to please that God who is known as Justice but in vein. When the Justice is not pleased within time, his prayer becomes futile and after his death, his legal heirs have to stand in a queue for the same Justice. The question arises in my mind is that whether it is the fruit of karma of that person who had been standing in a queue for justice for two to three decades or it it the fruit of ' in the interest of Justice'.
A society has three main poles. (1) education (2) medical and (3) judicial system. When either of these three poles become cripple, the social balance of the society will not be at its axis and it will be trembling and thereafter tumbling. We have watched and heard from Hindi movies, that Goddess of Justice has tied a black ribbon before her eyes so that nothing wrong can be done and she is not influenced by anyone, however, she is listening the cries of litigants or she is deaf is a question of fact or she may be listening only one voice i.e. voice of adjournment. in the interest of justice as if a toy,having key which starts playing or reciting something until its capacity, and recites the jingle Bell jingle bell i.e. adjournment .... adjournment...in the name and interest of Justice... adjournment... This Goddess of Justice does not listen the cries of litigants, the voices, pain and agony of the litigants or she listens them provided that they have genuine evidence for their cries, pain and agony. The generation is changed till the time when the stage of evidence comes in the cases. The poor next generation,due to the lack of complete knowledge of the case, becomes cripple in the court of Justice and most of the time lose the case. In this situation, the advocate of the defendant feels pride and says his client, " see, I have defeated them and won the case". - but after the span of twenty years or more than that, and of course, that victory is not due to the hard work of that lawyer but misfortune of the plaintiff or it is due to the lack of personal knowledge of the next generation which has been gifted litigation in heritage.
Sometimes the advocate passes away, though he is advocate, he is mortal. The newly appointed advocate knows nothing about the case in detail. It may be due to short time or due to the lack of knowledge of next generation , so again the custom of adjournment is commenced and continued in that case. Is the element of interest of justice not vapoured or justice not faded away from the case after certain long period due to ' in the interest of Justice system?
If the case is completed and is kept for order or judgment, the Judge who is competent to adjudicate the case, has not given verdict for few months or sometimes for a year and the dilemma of system is that one fine morning, the litigants come to know that judge is transferred to another place. Again in the interest of Justice , rehearing of the entire case has to be made before new judge and the case is pending in the department until the appointment of new judge. The cases are in the storage of department of courts for years and years thereafter one fine morning the case is allotted/ cases are allotted to new judge who tries to be strict saying that, " why the matter is pending since long, I would dismiss it unless it is processed". At that time it seems that that judge is alien with the system being prevailed in the courts.
Who is responsible for such situation.?.- bar, bench, litigants, police, administrative staff of courts or either of them or all of them or none of them or WE,the people of India ? The preamble of constitution of India begins with " WE the PEOPLE OF INDIA".
To conclude it can be said that the true reasons for non proceedings of the case are many but the important reason is that the case is put up in the court of Justice to obtain the justice but 'in the interest of Justice' , justice and interest both ought not to be vanished from the court of Justice as Court of Justice is considered as temple of justice. People have much faith in judiciary. As an advocate and officer of the court, it is my moral and professional duty to honour the judiciary first and to maintain the decorum of judiciary system first and that's why it's my humble request to all the legal fraternities NOT to take and not to grant unnecessary adjournment 'in the interest of Justice' otherwise the purpose of the term 'in the interest of Justice' becomes infructuous as the 'Bar & Bench' is the throbbing heart of our Nation.
Note: The purpose of writing this article is NOT to speak anything wrong or to hurt any person of Bar and Bench directly or indirectly.
Chirag Bhatt
Advocate
9824025041
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