SC expressed disapproval at practice of articulating Final Orders unaccompanied by Reasoned Judgements

Approach of Art.136 Cannot Be Adopted While Deciding Petitions by The High Court Under Art.227: SC

Once again, the Apex Court has expressed disapproval at the practice of pronouncing the final orders without any reasoned judgment. The Bench was headed by Hon’ble Justice Sanjay Kishan Kaul. 

If on the same date or subsequently, the judgment cannot be delivered. Logically, the judgment should have been at least reserved in order to ease the process of penning down the Order, facilitating the Judge doing it. 

“Result of not doing so is that the appellant being the aggrieved party, is unable to avail of the legal remedy”.

The Bench headed by Justice Kaul remarked; also the order without reasoned judgment was set aside.

“It is stated that on 31.07.2019 at about 2.15 p.m. after hearing the further arguments the operative portion/conclusion of the decision was ‘indicated’ in the Court itself in the presence of the counsel for the parties. Thus, it appears that even the concluding paragraph was not penned down. The judgment is stated not to have been reserved. The file was, however, sent back to the Registry after 9½ months on 15.05.2020 and the judgment was uploaded on the same date.”

The said order by the Delhi High Court was set aside and sent back for reconsideration of the High Court on merits.