Subordinate courts in Rajasthan and Odisha grant anywhere between 12 and 51 adjournments in cases though a maximum of three is allowed under the Code of Civil Procedure, leading to prolonged delays in settling litigations, the Law Ministry has said.
The ministry also blamed “incompetent and unscientific” investigation conducted by police and other investigation agencies for delay in disposal of cases.
It said that as per the Code of Civil Procedure, a maximum of three adjournments can be granted during the trial of a civil case.
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“However, as is well known this norm restriction is seldom adhered to. For example in Rajasthan, the average number of adjournments granted in the district and subordinate courts ranges from 12-42 in civil cases and from 4-34 in criminal cases.
“Similarly, in Odisha the average number of adjournments granted in civil cases is 51 and in criminal cases the average number is 33,” a Law Ministry note prepared for the October 18 meeting of the Advisory Council of the National Mission for Justice Delivery and Legal Reforms has said.
Referring to pre-court stage of cases, it said often “incompetent and unscientific” investigation conducted by the police and other investigation agencies leads to delay in disposal of cases.
“Police stations are routinely manned by inadequately trained personnel which hamper the investigation process, which is further exacerbated by coordination between police and prosecution machinery,” it said.