Practice Of Pronouncing Final Orders Without A Reasoned Judgment Has To Be Stopped And Discouraged: Supreme Court

The Supreme Court reiterated that the practice of pronouncing the final orders without a reasoned judgment has to be stopped and discouraged.

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", the bench comprising Justices MR Shah and BV Nagarathna observed while setting aside a judgment passed by the Allahabad High Court.

In this case, the High Court allowed the appeals preferred by the accused and acquitted them in a murder case.

In appeal before the Apex Court, the original complainant/informant submitted that the High Court allowed the appeals on 30.03.2019 and pronounced the operative portion of the order and directed the accused who was in jail to be released, but a reasoned judgment and order was pronounced after a period of approximately five months. He referred to various decisions (Balaji Baliram Mupade & Anr. versus State of Maharashtra, State of Punjab & Ors. versus Jagdev Singh Talwandi (1984) 1 SCC 596)  of the Apex Court in which such a practice of pronouncing the final order without a reasoned judgment has been deprecated.

"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 bench said.

Setting aside the impugned judgment, the court remanded the appeals to the High Court to decide the same afresh in accordance with law and on its own merits.

Case details

Indrajeet Yadav vs Santosh Singh | 2022 LiveLaw (SC) 386 | CrA 577 OF 2022 | 19 April 2022

Coram: Justice MR Shah and BV Nagarathna

Headnotes

Practice and Procedure - Practice of pronouncing the final orders without a reasoned judgment has to be stopped and discouraged 

Summary: Appeal against Allahabad HC judgment which set aside conviction in a murder case - Allowed and remanded - 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. 

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