Practice Of Pronouncing Final Orders Without Reasoned Judgment Has To Be Stopped And Discouraged – Supreme Court
A two-judge Bench of Justice MR Shah and Justice BV Nagarathna has held that the practice of pronouncing only the operative portion of the judgment without a reasoned one has to be stopped and discouraged.
In this case, the Allahabad High Court had acquitted all the accused for the offences under Section 302 read with Section 34 IPC.
The Counsels for the Appellant – Original Complainant and State argued before the Apex Court that the High Court had allowed the appeals of the accused on the same day when the arguments were concluded and the Court pronounced the operative portion of the order. Further, the High Court set aside the judgment of the Trial Court and directed the accused who were in jail to be released, but a reasoned judgment and order were pronounced after a period of five months.
Additionally, the Appellant placed reliance on Balaji Baliram Mupade & Anr. versus The State of Maharashtra, in which the Supreme Court had deprecated such a practice of pronouncing the final order without a reasoned judgment.
The Apex Court while referring to Balaji Baliram Mupade (supra) noted that the impugned order of the High Court was unsustainable.
Further, the Bench held, "Despite the strong observations made by this Court as far as back in the year 1984 and thereafter repeatedly reiterated, still the practice of pronouncing only the operative portion of the judgment without a reasoned judgment and to pass a reasoned judgment subsequently has been continued. Such a practice of pronouncing the final orders without a reasoned judgment has to be stopped and discouraged."
The Court set aside the impugned order of the High Court without entering into the merits of the case nor expressing anything on merits in favor of either party.
Further, the Bench remanded the appeals to the High Court to be decided afresh in accordance with law and on its own merits.
The Court further requested the High Court to decide and dispose of the appeals at the earliest preferably within six months.
Accordingly, the Court allowed the appeals and directed that the accused need not surrender and they may be treated to have been released on bail and continued to be released on bail, subject to the ultimate outcome of the appeals before the High Court.