SUPREME COURT OF INDIA
Sanjay Kishan Kaul and Hrishikesh Roy, JJ.
Balaji Baliram Mupade – Appellant
Versus
The State of Maharashtra – Respondent
Civil Appeal No. 3564 of 2020
Decided on : 29-10-2020
Constitution of India -- Art.21 -- Special Leave Petition filed in March, 2020 against impugned order dated 21.1.2020 -- operative portion of order disclosed and reasons received after nine months -- delay in delivery of judgments violation of Article 21 of Constitution of India -- amounts to defeating rights of appellant to challenge impugned order on merits -- succeeding party unable to obtain fruits of success of litigation -- impugned order set aside -- matter remitted back for reconsideration of High Court on merits. (1984) 1 SCC 596, (2001) 7 SCC 318, AIR 2004 SC 3467, (2008) 7 SCC 96 and AIR 2017 SC 310 relied on. [Paras 10, 12 & 14
ORDER
Kaul, J.
Leave granted.
1. Judicial discipline requires promptness in delivery of judgments– an aspect repeatedly emphasized by this Court. The problem is compounded where the result is known but not the reasons. This deprives any aggrieved party of the opportunity to seek further judicial redressal in the next tier of judicial scrutiny.
2. A Constitution Bench of this Court as far back as in the year 1983 in the State of Punjab & ors. v. Jagdev Singh Talwandi - (1984) 1 SCC 596 drew the attention of the High Courts to the serious difficulties which were caused on account of a practice which was increasingly being adopted by several High Courts, that of pronouncing the final orders without a reasoned judgment. The relevant paragraph is reproduced as under:
“30. We would like to take this opportunity to point out that serious difficulties arise on account of the practice increasingly adopted by the High Courts, of pronouncing the final order without a reasoned judgment. It is desirable that the final order which the High Court intends to pass should not be announced until a reasoned judgment is ready for pronouncement. Suppose, for example, that a final order without a reasoned judgment is announced by the High Court that a house shall be demolished, or that the custody of a child shall be handed over to one parent as against the other, or that a person accused of a serious charge is acquitted, or that a statute is unconstitutional or, as in the instant case, that a detenu be released from detention. If the object of passing such orders is to ensure speedy compliance with them, that object is more often defeated by the aggrieved party filing a Special Leave Petition in this Court against the order passed by the High Court. That places this Court in a predicament because, without the benefit of the reasoning of the High Court, it is difficult for this Court to allow the bare order to be implemented. The result inevitably is that the operation of the order passed by the High Court has to be stayed pending delivery of the reasoned judgment.”
3. Further, much later but still almost two decades ago, this Court in Anil Rai v. State of Bihar - (2001) 7 SCC 318 deemed it appropriate to provide some guidelines regarding the pronouncement of judgments, expecting them to be followed by all concerned under the mandate of this Court. It is not necessary to reproduce the directions except to state that normally the judgment is expected within two months of the conclusion of the arguments, and on expiry of three months any of the parties can file an application in the High Court with prayer for early judgment. If, for any reason, no judgment is pronounced for six months, any of the parties is entitled to move an application before the then Chief Justice of the High Court with a prayer to re-assign the case before another Bench for fresh arguments.
4. The aforementioned principle has been forcefully restated by this Court on several occasions including in Zahira Habibulla H. Sheikh & ors. v. State of Gujarat & ors. [AIR 2004 SC 3467 paras 80-82], Mangat Ram v. State of Haryana (2008) 7 SCC 96 paras 5-10] and most recently in Ajay Singh & Anr. Etc. v. State of Chhattisgarh & Anr.- AIR 2017 SC 310.
5. The facts of the present case speak for themselves. The Special Leave Petition was filed against the impugned order dated 21.1.2020 which read as under:
“OPERATIVE ORDER”
1. For the reasons separately recorded, the present writ petition is dismissed.
2. The prayer for continuation of interim order is rejected.
3. Authenticated copy of this order be supplied to learned Asstt. Govt. Pleader. In turn, learned Asstt. Govt. Pleader is directed to communicate the same to the Returning Officer forthwith.”
6. The Special Leave Petition was filed in March, 2020 and when it was listed before this Court on 7.10.2020, counsel for the petitioner categorically stated that a copy of the reasons for the order dated 21.01.2020 had still not been uploaded till th
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