Supreme Court Deprecates High Court's Delay Of 4 Months In Uploading Final Judgment After Dictation Of Operative Portion

The Supreme Court recently deprecated the course adopted by the Allahabad High Court in delaying the uploading of the final judgment in a case for nearly 4 months after the dictation of the operative portion.

"What emerges is something which we cannot countenance. It is stated that the operative portion of the order was dictated in Court on 06.11.2019 but the final order was dictated only on 15.03.2020 i.e. after 4 months!" the Supreme Court remarked

A Bench comprising Justice SK Kaul and Justice MM Sundresh observed that the Supreme Court has repeatedly frowned upon the aspect of the oral orders being passed as it deprives the parties of availing effective appellate remedies.

While condoning the delay in filing the present plea, the Bench directed that a copy of the present order along with Supreme Court's order in the case of Balaji Baliram Mupade be placed before the Chief Justice of the High Court, to be circulated to the Judges of the Allahabad High Court

In the case of Balaji Baliram Mupade & Anr. v. State of Maharashtra & Ors. - 2020 the Supreme Court had reminded the High Courts of the importance of passing reasoned judgments without delay after dictating the operative portion.

The Court had further observed that even if such oral orders were to be pronounced, it was expected that they are either dictated in Court or at least must follow immediately thereafter to facilitate the aggrieved party to seek redressal from the higher Court.

The Bench pointed out that a Constitution Bench of the Supreme Court in the case of State of Punjab & Ors. v. Jagdev Singh Talwandi had drawn the attention of the High Courts to serious difficulties which are caused on account of a practice of pronouncing the final order without a reasoned judgment which were increasingly being adopted by several High Courts.

In this case, the Supreme Court had in November 2020 called upon the Registrar General of Allahabad High Court to explain the reason for inordinate delay in uploading a judgment on the website. The development happened in a matrimonial case. As the reason for the delay in filing the appeal, the counsel had brought to the notice of the bench led by Justice Sanjay Kishan Kaul that the impugned judgment was delivered on 06.11.2019, but it was uploaded on the website of the High Court only in the month of May, 2020.

It may be noted that in October 2020, Justice Kaul led bench had called upon the Registrar General of the Patna High Court to submit a report after it was submitted that there was a delay of more than one year in uploading judgment.

Case Title: Surendra Pratap Singh vs Vishwaraj Singh | 2022 LiveLaw (SC) 335 | SLP (C) 18912/2020

Headnotes

Judgments - Practice of pronouncing  final order without a reasoned judgment - Serious difficulties are caused on account of the said practice - Even if such oral orders were to be pronounced, it is expected that they are either dictated in Court or at least must follow immediately thereafter to facilitate the aggrieved party to seek redressal from the higher Court. [Referred to State of Punjab & Ors. v. Jagdev Singh Talwandi - (1984) 1 SCC 596 and Balaji Baliram Mupade & Anr. v. State of Maharashtra & Ors. - 2020 SCC Online SC 893 ] (Para 2-3)

Summary - High Court dictated operative portion of the order on 06.11.2019 but the final order was dictated only on 15.03.2020 i.e. after 4 months and it typed out and corrected on 15.04.2020 - Supreme Court observed that it has repeatedly frowned upon the aspect of the oral orders being passed.

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