“Total Non-Application Of Mind”: Jammu & Kashmir & Ladakh High Court Directs Judge To Be Sent To Judicial Academy For Refresher Course

The Court set aside an Order passed by the Municipal Magistrate, which dismissed an Application of the Plaintiff under Section 151 of the Code of Civil Procedure (CPC). The Petitioners had challenged the impugned Order on several grounds, including that the Trial Court did not consider the Application seeking status quo ante in light of an interim Order and that the Trial Court dismissed the Application under Section 151 of the CPC without issuing notice to Respondents.

A Single Bench of Justice Vinod Chatterji Koul held, “It is well settled that judicial order necessarily has to be a reasoned one, where the mind of the Court needs to be revealed and cogent and convincing reasons need to be stated. However, when we go through impugned order, it order reflects total non-application of mind on the part of Presiding Officer. He needs refreshment course through J&K Judicial Academy.”

Advocate Sajad A Mir appeared for the Petitioners.

Brief Facts

The Petitioners had moved an Application under Section 151 CPC before the Trial Court, seeking an order of status quo ante and a direction to the SHO police station to restore the suit property to its condition, specifically to reinstall an iron entrance gate.

The Trial Court dismissed this application, stating, "Heard and perused the record. For the reasons stated in the order of the application IA/3, the application also lacks merit and is therefore dismissed. Disposed of and made part of the main file.”

Court’s Observations

The High Court, however, held that these expressions could not be considered reasons, as the Trial Court did not even discuss the provisions of Section 151 of the CPC. “These expressions cannot be, in view of well settled legal position, said to be reasons given by the Trial Court but can be said to be cryptic,” it stated.

The Bench referred to the decision in Union Public Service Commission v. Bibhu Prasad Sarangi (2021), wherein it was observed by the Supreme Court that “the size of judicial output does not necessarily correlate to a reasoned analysis of the core issues in a case. Technology enables judges to bring speed, efficiency and accuracy to judicial work. Judges are indeed hard pressed for time, faced with burgeoning vacancies and large case-loads. Crisp reasoning is perhaps the answer.”

Consequently, the Court ordered, “In view of above, the instant petition is allowed and impugned order dated 30th December 2024, passed by Municipal Magistrate (1st Civil Subordinate Judge) Srinagar, is set-aside. The Trial Court shall decide the application under Section 151 CPC preferred by petitioners before it, after getting response/objections from other-side and after hearing both the parties...Presiding Officer, who has passed order impugned, needs to be sent/ deputed to J&K Judicial Academy for refreshment course. In this regard, the Registry of this Court shall place a copy of this order before Hon’ble the Chief Justice for passing of appropriate orders.”

Accordingly, the High Court allowed the Petition.

Cause Title: Hakim Nazir Ahmad & Anr. v. Commissioner, SMC & Ors. (CM(M) no.95/2025)

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