Supreme Court Criticises Bombay High Court For Not Uploading Reasoned Order Despite One Month's Passage After Pronouncement
UPDATE on Sep 11 - Bombay High Court Informs That Order Was Uploaded; Supreme Court Expresses Disappointment At Counsel's Misleading StatementThe Supreme Court again criticized late uploading of reasoned orders by the High Courts.It is not completely alien to the system where reasoned orders are sometimes to be delivered later on, but that does not mean that such period of later-on can...
UPDATE on Sep 11 - Bombay High Court Informs That Order Was Uploaded; Supreme Court Expresses Disappointment At Counsel's Misleading Statement
The Supreme Court again criticized late uploading of reasoned orders by the High Courts.
It is not completely alien to the system where reasoned orders are sometimes to be delivered later on, but that does not mean that such period of later-on can be unending, the bench of Vikram Nath and Ahsanuddin Amanullah observed.
In this case, the Bombay High Court in an order passed on 25 July 2023 rejected revision petitions. The order stated that the reasons will be recorded separately.
In the SLP filed against this order, the petitioner contended that the reasons to be recorded separately have still not been uploaded. In this context, the court observed:
"There could be urgency to the parties aggrieved by the operative portion of the order which has been uploaded and if the reasons are not available/uploaded, neither the party aggrieved nor the the Court considering the correctness of such order can validly challenge the same or test the same respectively."
The court therefore directed the Registrar General of the High Court to file a status report in this regard.
Related reports - Supreme Court Deprecates High Court's Delay Of 4 Months In Uploading Final Judgment After Dictation Of Operative Portion
Vipul Pramodchandra Shah vs State of Maharashtra | 2023 LiveLaw (SC) 716 | SLP(Crl) 10126-10127/2023
Practice and Procedure - It is not completely alien to the system where reasoned orders are sometimes to be delivered later on, but that does not mean that such period of later-on can be unending.There could be urgency to the parties aggrieved by the operative portion of the order which has been uploaded and if the reasons are not available/uploaded, neither the party aggrieved nor the the Court considering the correctness of such order can validly challenge the same or test the same respectively