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Adjournments are enemies to the justice delivery system and therefore it should be granted in judicious manner, observed Madras High Court while ordering speedy trial in the murder of activist Raj Mohan Chandra by an armed gang.

The single judge bench of Justice S.M. Subramaniam ordered the trial must be completed in six months and remarked that,

“It is true that adjournments are sought for in a convincing manner mostly on flimsy reasons. Courts are also considering adjournments rather feel it convenient or out of laziness. It is not out of way to mention that sometimes, Courts are also expecting the learned counsels to seek adjournments.”

The petition prayed for a direction to the State Home Secretary to appoint a Judicial Commission headed by a retired judge of the High Court to investigate the conspiracy leading to the murder of her husband Raj Mohan Chandra, a social activist, probe acts of various persons exposed by him and award a compensation of Rs 1 crore to her.

The Activist was murdered opposite Singa Muga Theertham on the Tiruvannamalai-Chengam Road, on July 2, 2012. 

The bench stated that case on hand was an unfortunate event wherein a social activist was murdered by some persons. In such cases where an innocent activist was murdered, a sort of sensitivity must be shown by the Police officials as well as by the Courts by conducting the trial as expeditiously as possible. If there is delay in conducting trial in the cases of committing a cruel act of murder in respect of such activist, it will provide encouragement to such miscreants to commit further crimes of this nature.

“Adjournments can never be claimed as a matter of right, but only as an exception. Thus, courts are expected not to grant adjournments in a routine manner. Mechanical adjournments of cases must be avoided. No doubt, on genuine reasons, adjournments are to be granted, but only by recording reasons and not otherwise,” stated the Bench.

The Bench noted that in this case adjournments were being granted for the last eight years and the charge sheet had not been served to the accused persons and the matter was last listed on December 7. Now it is again posted for further hearing on February 10. Such long adjournments are to be avoided in such nature of cases.

“Such mind set, at no circumstances, be encouraged and the agony of the people, who all are waiting and longing to get justice, must always be the ringing bell in the mind of the Courts. Even in case of adjournments on genuine grounds, long adjournments shall not be granted, except on the ground if such adjournments are imminent. Prolonging and protracting the case is the tactics being adopted by certain legal brains. Courts shall not pave way for such ideas of either of the parties,” observed the Bench

The Bench lastly opined that, adjournments are to be granted only by recording reasons and the reasons must be genuine and in the absence of any valid reasons, no adjournments must be granted and the trial must go on.

[Case Title - Aleyamma Joseph @ Mini v. state of Tamil Nadu]