No adjournments in bail cases: Top Court notifies procedure for circulation of letters

No adjournments in bail cases: Top Court notifies procedure for circulation of letters

The Supreme Court of India has notified the procedure and modalities relating to the circulation of letters for adjournment of cases.Â

The circular states that no letters of adjournment will be entertained in cases relating to bail or anticipatory bail.Â

No letters of adjournment are to be entertained in the following cases:Â

• Relating to bail/anticipatory bail.
• Where exemption from surrendering has been granted.
• Where an interim order is operating in favour of the party who seeks adjournment.
• Where suspension of sentence has been sought.

In other matters, letters for adjournment can be circulated till one day prior to publication of the main list. The lawyers will have to submit the request for adjournment of a case through email in the prescribed format. The specific reason for seeking adjournment and the number of adjournments already sought are also to be mentioned.

It will also be mandatory to obtain the consent or no-objection of the advocates or parties appearing on the other side, or the caveator, before circulating the letter for adjournment.

The circular also states that letters can be circulated by one party or counsel to the case only once. The court will not allow two consecutive adjournments, irrespective of which party is seeking an adjournment, without the matter being listed before the court.

The cases so adjourned will be listed before the court within an outer limit of four weeks with a specific date of listing, and no mentioning of seeking advancement of the date in such matters will be permitted.

The letters seeking adjournment will be placed before the competent authority. If such requests are considered favourably, the list of matters not listed as per schedule will be notified on the website of this court.

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