Lawyers not appearing to argue cases and yet courts are blamed for delays: Supreme Court

Courts are always squarely blamed for delays in case disposal, even though it is sometimes the lawyers and litigants who contribute to such delays, lamented the Supreme Court today. .A vacation Bench of Justices PV Sanjay Kumar and Prasanna B Varale made the observation after a lawyer sought an adjournment of a civil appeal filed in 2017 as the arguing counsel was unwell. "Why do you not argue for him? Are you not attached to his office? Do you not read office pleadings?" Justice Kumar asked the lawyer.The advocate answered that he was not aware of the facts of the case as he had not read the case brief.This led Justice Kumar to observe,"After 2019, this matter is coming up now. The lawyers are not ready to argue. What is this? Yesterday we sat till 12:30 PM and today I do not even think we would be able to sit till 12. Then courts are blamed for delay. We are sitting in vacation but nobody is here to argue.".The Court also urged young lawyers to seize opportunities to argue cases when their seniors are not available, more so during vacation hearings when senior lawyers may be on holiday abroad."The youngsters must take this advantage when their seniors are doing holiday abroad," Justice Kumar said. The Bench added such a practice should be adopted as the norm (that juniors argue in the absence of senior lawyers) unless there are specific instructions to the contrary..The Court proceeded to question if the arguing counsel in question did not allow his juniors to argue or read the office briefs. The lawyer replied that juniors were allowed to argue the matter.The Court said it would grant the adjournment request, but insisted that the junior lawyer must argue the case when it is taken up next. "You are not taking this opportunity. Seeking adjournment. We are posting it next week. You must argue. Even if your senior recovers, he will sit next to you and you should argue," Justice Kumar said. .Supreme Court urges senior lawyers to allow their juniors to argue during vacations