BOMBAY HIGH COURT
B.P. Dharmadhikari, J
Sunil Garg – Appellant
Versus
Munnalal Halwai – Respondent
Writ Petition No. 13 of 2018 | Special Leave to Appeal (Criminal) No. 10211/2018
| Table of Content |
|---|
| 1. nature of procedural norms in quasi-judicial hearings. (Para 1 , 2) |
| 2. critique of procedural norms in litigation. (Para 3 , 4 , 5) |
| 3. factual background regarding lokayukta procedures. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. arguments related to the need for oral hearings. (Para 13 , 14 , 15) |
| 5. clarifying the procedural issues at hand. (Para 16 , 17 , 18 , 19) |
| 6. statutory provisions governing the lokayukta. (Para 20 , 21 , 22 , 23 , 24) |
| 7. discussion on procedural discretion of the lokayukta. (Para 25 , 26 , 27 , 28) |
| 8. the implications of ongoing proceedings on lokayukta's procedures. (Para 29 , 30 , 31) |
| 9. precedential opinions on procedural norms. (Para 32 , 33 , 34 , 35 , 36) |
| 10. judicial interpretation of natural justice. (Para 37 , 38 , 39 , 40 , 41) |
| 11. the nature of quasi-judicial functions of the lokayukta. (Para 42 , 43 , 44 , 45 , 46) |
| 12. the importance of oral arguments in judicial processes. (Para 47 , 48 , 49 , 50 , 51) |
| 13. adaptation of procedural rules based on case requirements. (Para 52 , 53 , 54 , 55 , 56) |
| 14. comparative analysis of oral argument practices. (Para 57 , 58 , 59 , 60 , 61) |
| 15. debate on natural justice related to oral hearings. (Para 62 , 63 , 64) |
| 16. summary on the principles of natural justice. (Para 65 , 66) |
| 17. conclusion on the flexibility of procedural rules. (Para 67 , 68 , 69 , 70 , 71 , 72) |
| 18. final remarks on procedural fairness given current circumstances. (Para 73 , 74 , 75) |
1. Introduction:
Before a quasi-judicial authority that self-regulates its procedure, an interlocutory application comes to be considered. The proceedings have been pending for a few years, though the process is summary. The all-pervasive pandemic preventing any physical courts and proximate hearing, the Tribunal wanted the counsel, from Delhi, to file his written submissions. But he insists on oral arguments through a video-link. In the alternative, he wants the matter adjourned until the lockdown is lifted. With the Tribunal's refusal, the petitioner has filed this writ petition.
2. The Question: Before a quasi-judicial Tribunal, with no particular procedural norms, is oral hearing an inviolable facet of natural justice and fair hearing?
3. Procedure: A Friend or a Foe?
Indian legal fraternity's love affair with the procedural codes is legendary; it has transcended the temporal bounds and resisted, to a great extent, the temptation for reform. Though we have borrowed the procedural codes from the British, we can teach them a lesson or two on how inviolable the procedure is, even if the substantive law suffers. In our country, a lawyer's forensic finesse gets measured by his command of the procedural codes. And in most cases-though not in this one-one or the other party engages a counsel for his skills to drag the proceedings. There is a premium in prolonging any judicial proceeding; sometimes the procedural panoply- with all its rigours and rigmaroles-gives the litigant what he could not have, under the substantive law, bargained for. A case in point is Bharat Petroleum Corporation Ltd., v. Champalal Vithuram Jajoo, 2020 SCC OnLine Bom 792.
4. Who else can I quote than the venerable Vivekananda on how we fall into these endless procedural pits and make a virtue of our failure to climb over? He says, “but there is yet time to change our ways. Give up all those old discussions, old fights about things which are meaningless, which are nonsensical in their very nature... grown-up men by hundreds have been discussing for years whether we should drink a glass of water with the right hand or the left, whether the hand should be washed three times or four times, whether we should gargle five or six times. What can you expect from men who pass their lives in discussing such momentous questions as these and writing most learned philosophies on them!” For Vivekananda, it is a “sure sign of softening of the brain when the mind cannot grasp the higher problems of life; all originality is lost, the mind has lost all its str
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