Govt issues SOP to prevent unnecessary defence adjournments in trials | Bhubaneswar News

Bhubaneswar: State govt has issued detailed guidelines for public prosecutors to contest unwarranted adjournments requested by defence lawyers during trials.The standard operating procedure (SOP) aims to facilitate expeditious trial of pending cases across courts. Till April 30, at least 1,50,319 cases were pending in the Orissa high court and 19,45,996 cases in subordinate courts across the state, official sources said.“Repeated adjournments have been a concerning factor contributing to the piling of pending cases in courts. The SOP will ensure strict adherence to statutory provisions regarding adjournments during trial and to prevent unnecessary delays,” a senior police officer said.According to the home department’s directive, these procedures are applicable to all public prosecutors, assistant public prosecutors and state representatives in criminal trials.The SOP stipulates that “adjournment shall not be granted when witnesses are present unless special reasons are recorded in writing”. Additionally, “adjournment at the request of a defence shall be granted only if circumstances are beyond the control of the party; and not more than two adjournments shall be allowed. Advocate’s engagement in another court is not a valid ground”.The guidelines specify that if the defence is unprepared while witnesses are present, the court can document the statement without cross-examination. “Adjournments may include cost imposition on both the prosecution or the accused,” the SOP stated.Public prosecutors must undertake specific preparations before hearings commence. They must maintain records of witness attendance and previous adjournments granted to the accused.Bibhu Prasad Tripathy, a senior HC advocate and president of All Odisha Lawyers’ Association (AOLA), said, “The SOP is a welcome initiative. However, what is required now is effective implementation and accountability at all levels. Delays in the completion of trials need to be avoided, and to that end, the BNSS provides timelines for various processes during criminal trials.”Tripathy, however, said it may create challenges for the accused in engaging an efficient criminal lawyer who is available at the time of witness testimonies for cross-examination.“To make the criminal justice system more efficient, it is necessary to impart training related to the trial of criminal cases to young lawyers by establishing an advocate’s academy. This will help ensure that in cases where the accused is unable to engage an advocate of their choice, an experienced lawyer is appointed at the state’s expense to represent the accused,” Tripathy said.Bhubaneswar: State govt has issued detailed guidelines for public prosecutors to contest unwarranted adjournments requested by defence lawyers during trials.The standard operating procedure (SOP) aims to facilitate expeditious trial of pending cases across courts. Till April 30, at least 1,50,319 cases were pending in the Orissa high court and 19,45,996 cases in subordinate courts across the state, official sources said.“Repeated adjournments have been a concerning factor contributing to the piling of pending cases in courts. The SOP will ensure strict adherence to statutory provisions regarding adjournments during trial and to prevent unnecessary delays,” a senior police officer said.According to the home department’s directive, these procedures are applicable to all public prosecutors, assistant public prosecutors and state representatives in criminal trials.The SOP stipulates that “adjournment shall not be granted when witnesses are present unless special reasons are recorded in writing”. Additionally, “adjournment at the request of a defence shall be granted only if circumstances are beyond the control of the party; and not more than two adjournments shall be allowed. Advocate’s engagement in another court is not a valid ground”.The guidelines specify that if the defence is unprepared while witnesses are present, the court can document the statement without cross-examination. “Adjournments may include cost imposition on both the prosecution or the accused,” the SOP stated.Public prosecutors must undertake specific preparations before hearings commence. They must maintain records of witness attendance and previous adjournments granted to the accused.Bibhu Prasad Tripathy, a senior HC advocate and president of All Odisha Lawyers’ Association (AOLA), said, “The SOP is a welcome initiative. However, what is required now is effective implementation and accountability at all levels. Delays in the completion of trials need to be avoided, and to that end, the BNSS provides timelines for various processes during criminal trials.”Tripathy, however, said it may create challenges for the accused in engaging an efficient criminal lawyer who is available at the time of witness testimonies for cross-examination.“To make the criminal justice system more efficient, it is necessary to impart training related to the trial of criminal cases to young lawyers by establishing an advocate’s academy. This will help ensure that in cases where the accused is unable to engage an advocate of their choice, an experienced lawyer is appointed at the state’s expense to represent the accused,” Tripathy said.