Supreme Court Deprecates Practice of “Reason to Follow” Orders

The Supreme Court has again deplored the practice of pronouncing final orders without reasoned judgments.

A Bench headed by Hon’ble Justice Sanjay Kishan Kaul has stated that if judgement/order cannot be delivered on the very same date or immediately thereafter then in such cases, the judgment should be reserved to facilitate the concerned Judge to pen down the order.

Background:

The appellants in the case submitted that the Judge of the High Court had only dictated the operative part while the reasoned judgment was not made available even after nine months.

When the Apex Court called for a report from the concerned High Court, the report stated that the delay was due to some personal difficulty faced by the Judge.

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Observation of the Supreme Court:-

The Bench stated that they appreciated the fact even during the personal difficulty, the Judge in question had delivered several judgments and dealt with many cases; however, they cannot ignore the fact that in the instant case, the procedure for rendering a judgement was not followed.

While referring to Balaji Baliram Mupade vs the State of Maharashtra, the Bench observed that judicial discipline requires promptness in judgement delivery and if the same is not done then the problem might get compounded, and the aggrieved party might not be able to seek further judicial redressal.

The Court further referred to the State of Punjab & Ors vs Jagdev Singh Talwandi where the attention of the High Court was drawn to difficulties faced by the litigants when a Final order is pronounced without reasoned judgements.

Order of the Apex Court

The Court observed that due to the lack of a reasoned judgment the appellant was unable to avail appropriate legal remedy,

therefore, the impugned order was set aside and the case was sent back to the High Court for consideration.

Case Details:

Title: Oriental Insurance Co. Ltd vs Zaixhu Zei & Ors

Case No.:SLP [C] NO. 15137 2020

Date of Order:11.12.2020

Coram: Hon’ble Justice Sanjay Kishan Kaul, Hon’ble Justice Dinesh Maheshwari and Hon’ble Justice Hrishikesh Roy

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