Case Law (SC) – Hon’ble Supreme Court has directed the Registrar General of each High Court to furnish to the Chief Justice of the High Court a list of cases where judgment is not delivered within three months. The Registrar General shall place the matters before the Chief Justice for orders and the Chief Justice shall bring it to the notice of the concerned Bench for pronouncing the order within two weeks thereafter, failing which the matter be assigned to another Bench.
RAVINDRA PRATAP SHAHI Vs STATE OF U.P.[ 2025 INSC 1039] dated 25.08.2025.
Issue before Court is:
-
Appeal was heard and reserved
for order by court, but the judgment was not delivered for more than three
months.
Decision: -
“7. It
is extremely shocking and surprising that the judgment was not delivered for
almost a year from the date when the appeal was heard. This Court is repeatedly
confronted with similar matters wherein proceedings are kept pending in the
High Court for more than three months, in some cases for more than six months
or years wherein judgments are not delivered after hearing the matter. In most
of the High Courts, there is no mechanism where the litigant can approach the
concerned Bench or the Chief Justice bringing to its notice the delay in
delivery of judgment. In such situation, the litigant loses his faith in the
judicial process defeating the ends of justice.
8. This Court in Anil Rai vs.
State of Bihar (2001) 7 SCC 318 dealt with such state of affairs prevalent in some High Courts
wherein after conclusion of arguments, judgments are not pronounced for a
period spread over years. This Court made observations and issued guidelines as
contained in paragraphs 9 and 10 of the judgment which are quoted herein below
for reference:
“9. It
is true, that for the High Courts, no period for pronouncement of judgment is
contemplated either under the Civil Procedure Code or the Criminal Procedure
Code, but as the pronouncement of the judgment is a part of the justice
dispensation system, it has to be without delay. In a country like ours where
people consider the Judges only second to God, efforts be made to strengthen
that belief of the common man. Delay in disposal of the cases facilitates the
people to raise eyebrows, sometimes genuinely which, if not checked, may shake
the confidence of the people in the judicial system. A time has come when the
judiciary itself has to assert for preserving its stature, respect and regards
for the attainment of the rule of law. For the fault of a few, the glorious and
glittering name of the judiciary cannot be permitted to be made ugly. It is the
policy and purpose of law, to have speedy justice for which efforts are
required to be made to come up to the expectation of the society of ensuring
speedy, untainted and unpolluted justice.
10.
Under the prevalent circumstances in some of the High Courts, I feel it
appropriate to provide some guidelines regarding the pronouncement of judgments
which, I am sure, shall be followed by all concerned, being the mandate of this
Court. Such guidelines, as for the present, are as under:
(i)
The Chief Justices of the High Courts may issue appropriate directions to the
Registry that in a case where the judgment is reserved and is pronounced later,
a column be added in the judgment where, on the first page, after the
cause-title, date of reserving the judgment and date of pronouncing it be
separately mentioned by the Court Officer concerned.
(ii)
That Chief Justices of the High Courts, on their administrative side, should
direct the Court Officers/Readers of the various Benches in the High Courts to
furnish every month the list of cases in the matters where the judgments
reserved are not pronounced within the period of that month.
(iii)
On noticing that after conclusion of the arguments the judgment is not
pronounced within a period of two months, the Chief Justice concerned shall
draw the attention of the Bench concerned to the pending matter. The Chief
Justice may also see the desirability of circulating the statement of such
cases in which the judgments have not been pronounced within a period of six
weeks from the date of conclusion of the arguments amongst the Judges of the
High Court for their information. Such communication be conveyed as
confidential and in a sealed cover.
(iv)
Where a judgment is not pronounced within three months from the date of
reserving it, any of the parties in the case is permitted to file an
application in the High Court with a prayer for early judgment. Such
application, as and when filed, shall be listed before the Bench concerned
within two days excluding the intervening holidays.
(v) If
the judgment, for any reason, is not pronounced within a period of six months,
any of the parties of the said lis shall be entitled to move an application
before the Chief Justice of the High Court with a prayer to withdraw the said
case and to make it over to any other Bench for fresh arguments. It is open to
the Chief Justice to grant the said prayer or to pass any other order as he
deems fit in the circumstances.”
9. Some High Courts have
adopted practice of pronouncing the final order without reasoned judgment,
which is not delivered for substantial length of time depriving the aggrieved
party of the opportunity to seek further judicial redressal. Deprecating such
practice, this Court in State of Punjab and Ors. vs. Jagdev Singh Talwandi (1984)
1 SCC 596 issued directions which were restated time and again on several
occasions including in Zahira Habibulla H. Sheikh and Anr. vs. State of Gujarat
and Ors. (2004) 4 SCC 158, Mangat Ram vs. State of Haryana (2008) 7 SCC 96 and
Ajay Singh and Anr. vs. State of Chhattisgarh and Anr. (2017) 3 SCC 330 and two
recent judgments in the matter of Balaji Baliram Mupade and Anr. vs. State of
Maharashtra and Ors. (2021) 12 SCC 603 and Ratilal Jhaverbhai Parmar and Ors.
vs. State of Gujarat and Ors. 2024 INSC 801 in which one of us (Justice
Prashant Kumar Mishra) is a member and K. Madan Mohan Rao vs. Bheemrao
Baswanthrao Patil and Ors. 2022 INSC 1025.
10. It is not that the
situation with which we are dealing in these Appeals has arisen for
consideration for the first time. The directions have already been issued by
this Court in Anil Rai (supra). Therefore, what is required today is of
adherence to the principles laid down by this Court in Anil Rai (supra). We
reiterate the directions and direct the Registrar General of each High Court to
furnish to the Chief Justice of the High Court a list of cases where the
judgment reserved is not pronounced within the remaining period of that month
and keep on repeating the same for three months. If the judgment is not
delivered within three months, the Registrar General shall place the matters
before the Chief Justice for orders and the Chief Justice shall bring it to the
notice of the concerned Bench for pronouncing the order within two weeks
thereafter, failing which the matter be assigned to another Bench.
11. The above direction is in
addition to the guidelines/directions issued by this Court in Anil Rai (supra).”
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