In a significant move to accelerate the pace of justice, the Rajasthan High Court administration has issued sweeping directives to eliminate unnecessary delays in trial proceedings across the state's courts. The landmark order targets the rampant practice of frequent adjournments that has been hampering the judicial process.
Strict New Guidelines for Continuous Trials
The High Court's registrar general released a comprehensive circular on November 26 that immediately binds all district and sessions courts in Rajasthan. The directive represents a crucial step toward implementing Supreme Court mandates for timely justice delivery.
According to the new rules, once witness examination begins, courts must conduct proceedings on a day-to-day basis without interruptions. The circular explicitly states that adjournments will only be permitted under exceptional circumstances that must be thoroughly documented by the presiding officers.
No More Adjournments for Lawyer Convenience
In a groundbreaking provision, the High Court has clearly specified that adjournments will not be granted solely for the convenience of lawyers. The circular emphasizes that "the inconvenience of an advocate will not qualify as a 'special reason' under CrPC Section 309," which governs the legal requirement for continuous trials.
The registrar general has issued a stern warning about strict repercussions for any deliberate delays caused by defendants or their legal representatives. Lower courts have been instructed to investigate potential collusion tactics designed to slow down proceedings.
Consequences for Delaying Tactics
The circular outlines specific consequences for non-cooperation. If proven that the accused is deliberately delaying the trial, courts may direct them to show cause for cancellation of bail. In situations where lawyers—rather than the accused—are responsible for holdups, courts now have the authority to appoint an amicus curiae and proceed with cross-examination without further delay.
Additionally, courts have been empowered to impose realistic costs on accused individuals for any disruption caused to witnesses. This includes covering travel expenses incurred by witnesses who are required to attend court proceedings.
In cases where the accused fails to appear while witnesses are present, the court now has discretionary power to cancel bail unless the accused files a formal undertaking allowing examination to proceed in their absence.
Proactive Measures for Efficient Scheduling
To ensure smooth implementation, presiding officers have been advised to create and communicate advance schedules for witness examinations, ensuring both prosecution and defense have adequate input. Public prosecutors have been tasked with the timely issuance of summons and processes to witnesses.
All district and sessions judges across Rajasthan have been mandated to circulate these instructions to subordinate courts to ensure complete compliance with the new efficiency-driven framework.
This comprehensive overhaul of trial procedures marks a decisive shift toward eliminating the culture of delay that has long plagued the Indian judicial system, potentially setting a precedent for other states to follow.
