BALAJI BALIRAM MUPADE AND ORS. Vs. THE STATE OF MAHARASHTRA AND ORS.
LAWS(SC)-2020-10-49
SUPREME COURT OF INDIA
Decided on October 29,2020

Balaji Baliram Mupade And Ors. Appellant
VERSUS
THE STATE OF MAHARASHTRA AND ORS. Respondents





Cited Judgements :-

SHAIKH ANSAR AHMAD MD. HUSAIN VS. STATE OF MAHARASHTRA [LAWS(SC)-2021-10-20] [REFERRED TO]


JUDGEMENT

SANJAY KISHAN KAUL,J. - (1.)Leave granted. 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 and Ors. vs. 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 vs. 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.
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