38.6c New Delhi, India, Thursday, March 28, 2024
Judiciary

Right to Life Violated if Reason Behind Verdict Delayed: Supreme Court

By Richa Shah      02 November, 2020 07:02 PM      0 Comments
Right to Life Violated if Reason Behind Verdict Delayed: Supreme Court

On Jan 21, 2020, The Aurangabad bench of the High Court of Bombay had pronounced a cryptic judgment in a case, saying “reasons will follow”, which meant that the detailed judgment would be given later. An appeal was filed by a litigant in March against the High Court judgment. This judgment was passed within the time limit of ninety days. However, the listing of plea could not be done as the litigant had not provided the detailed judgment giving reasons behind the verdict. 

The plea got listed in the Supreme Court at last. This was heard by a bench of two judges: Justice Sanjay K Kaul and Justice Hrishikesh Roy. The appellant informed the bench that the reasoned order had not followed, even though nine months had passed since the cryptic order deciding his case. 

An explanation was asked by the Supreme Court from the registrar of the Aurangabad bench of the High Court. Justice Kaul said, “We must note with regret that the counsel extended through various judicial pronouncements, including the one referred to aforesaid, appear to have been ignored, more importantly where oral orders are pronounced. In case of such orders, it is expected that they are either dictated in the court or at least must follow immediately thereafter, to facilitate any aggrieved party to seek redressal from the higher court.” 

Terming delays in giving reasons behind Judgments as a violation of the right to life of a litigant, the bench said that the problem gets aggravated when the operative portion is made available early & the reasons follow much later. It cannot be countenanced that between the date of the operative portion of the order & the reasons disclosed, there is a hiatus period of nine months.

The High Court order was set aside by the Apex Court order & it asked the Aurangabad bench to hear the case afresh while giving protection against coercive action from Maharashtra Govt to the litigant.

In the judgment of 2001 of the Supreme Court in the Anil Rai case, the Supreme Court had said that the pronouncement of a judgment must not exceed two months after a bench reserves verdict. It had said that if the judgment was not given even after the expiry of three months, then the parties could move the chief justice concerned for a direction for early pronouncement of judgment. If no judgment was given even after six months of reserving the verdict, the parties concerned could move the chief justice for a fresh hearing in the case. 



Share this article:



Leave a feedback about this
TRENDING NEWS

afspa-centre-planning-to-pull-back-troops-from-jammu-and-kashmir
Trending News Updates
AFSPA: Centre planning to pull back troops from Jammu and Kashmir?

Central government will consider revoking the Armed Forces (Special Powers) Act in Jammu and Kashmir. Here's what Union Home Minister Amit Shah said on the matter.

27 March, 2024 06:51 PM
sc-declines-to-reconsider-judgement-holding-conspiracy-to-be-scheduled-offence-under-pmla-only-if-offence-specifically-mentioned
Trending Judiciary
SC declines to reconsider judgement holding conspiracy to be scheduled offence under PMLA only if offence specifically mentioned [Read Order]

Supreme Court declines review, confirms conspiracy must relate to a scheduled offence under PMLA, dismissing appeal on money laundering charges.

27 March, 2024 07:40 PM

TOP STORIES

global-entertainment-giants-warner-bros-netflix-amazon-get-relief-from-delhi-hc-in-copyright-protection-case
Trending Business
Global entertainment giants Warner Bros, Netflix, Amazon get relief from Delhi HC in copyright protection case

Delhi HC grants relief to global entertainment giants like Netflix, Amazon, Warner Bros, ordering takedown of copyrighted content on rogue websites.

22 March, 2024 12:13 PM
arvind-kejriwal-arrested-can-cm-administer-a-region-while-being-in-jail
Trending Top Stories
Arvind Kejriwal Arrested | Can CM administer a region while being in jail?

Will President's rule be imposed in Delhi after Kejriwal’s arrest? Read the full article to know more.

22 March, 2024 03:16 PM
merely-because-you-are-politician-cant-bypass-statutory-remedies-procedure-sc-refuses-to-consider-bail-by-kavitha
Trending Judiciary
'Merely because you are politician, can't bypass statutory remedies, procedure,' SC refuses to consider bail by Kavitha

Supreme Court denies bail to politician Kavitha in Delhi Liquor Policy Scam; ED alleges Rs 100 crore illegal gratification.

22 March, 2024 03:34 PM
ponmudi-to-be-sworn-in-as-minister-tn-governor-relents-before-sc
Trending Judiciary
Ponmudi to be sworn in as Minister, TN Governor relents before SC

Tamil Nadu Governor relents to Supreme Court's order, agrees to swear in DMK leader K Ponmudi as Minister after court's rap.

22 March, 2024 03:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email