What the Madras HC ordered to clamp down on unnecessary adjournments

With a view to cutting short unnecessary adjournments, the Madras High Court has ordered that vacate stay petitions against interim orders should mandatorily be listed within two weeks of filing..In addition, Justice SM Subramaniam has also ordered the Registrar General of the High Court to implement a 1965 rule which requires that counter affidavits in writ petitions be filed within three months of the notice. This measure was initially proposed last month while hearing a case concerning the grant of patta land dating back to 2016..The judge noted that among the various factors contributing to the heavy case pendency before the High Court were frequent adjournments. Such adjournments often arose on account of the delay in filing counter-affidavits and related documents. Justice Subramaniam took a critical view of the same, noting that,.“The Constitutional Courts cannot afford to grant such mechanical and routine adjournments.”.In some cases, it was also observed that the proceedings were deliberately manipulated and adjournments were obtained so that a particular case would not be listed before a particular court or judge. On such forum hunting practices, the judge observed,.“For instance, when the Port Folio tenure is going to be ended, then adjournments are sought for to avoid hearing of cases by a particular Court / Judge. Such a practice can never be encouraged.”.The Court noted that when the listing of cases is prolonged, the risk of collusion between the parties and the Registry cannot be ruled out either..“On account of not filing the counter statements and not listing of Vacate Stay Petitions within the time stipulated, the cases are not listed and there is a scope for collusion by the Registry officials with the litigants in respect of listing of the matters in a routine manner, which may result in corrupt practices.”.With specific reference to vacate stay petitions, the judge emphasised that such delay also constitutes a blatant violation of Constitutional principles. In this regard, reference was made to Article 226(3) of the Constitution, which requires the High Court to hear and dispose of petitions to vacate an interim order within two weeks. The judge observed,.“Even assuming, if the time limit fixed under the Constitution is directory in nature and cannot be construed as mandatory, this Court is of an opinion that the principles of reasonableness enunciated in the Constitution is to be adhered to, in such circumstances. .Thus, non-listing of Vacate Stay petitions for three years or five years or more, to be considered as blatant violation of the Constitutional principles, its Philosophies and Ethos.”.These observations ultimately prompted the Court to issue the following directions..On filing of Counter-Affidavits and other Documents in Writ Petitions.The Registrar General of the High Court has been directed to implement Rule 3A of the Appellate Side Rules of the High Court, Madras, 1965 which mandates a three-month time limit for filing counter affidavits and allied documents once notice is issued. It reads as follows:.R.3-A. Any respondent who intends to file a counter affidavit, shall, unless otherwise ordered, file it within three months from the date of service on him of notice of rule nisi..Although new rules to regulate the procedure were issued in 2002, the Court was informed that the new rules were stayed until further orders. Therefore, the Court has directed that the 1965 rule be implemented starting October 1, 2018..To this end the Court has ordered as follows,.“Registrar General, High Court of Madras is directed to incorporate the contents of the said Rule 3-A suitably in the Rule Nisi Notice, to be issued to the respondents / litigants in all the writ petitions filed under Article 226 of the Constitution of India with effect from 1st October 2018.”.In the event the documents are not filed within this time limit, the parties are expected to explain reasons for the delay. Instructions in this respect are to be issued to the Registry..On listing of Vacate Stay Petitions .The Court has directed the Registrar General to scrutinize/process the vacate stay petitions within two weeks from the date of filing. If the papers filed are improper, the same must be returned immediately, after assigning reasons..To this end, the Court has also directed the Registrar General to issue circulars/orders/instructions to all sections of the High Court to list vacate stay petitions before the appropriate court within two weeks of its numbering..The Registrar General has also been ordered to intimate that disciplinary action would be initiated against erring officials if the vacate stay petitions are not listed within this stipulated time limit. He has also been directed to inform the Assistant Registrar General of the Court’s order so that it may be implemented at the Madurai Bench..The matter has been posted for further consideration on October 5..Read the Order:.Read Circular issued pursuant to the Order: