New Delhi: Observing that delay causes irreparable loss to litigants, the Supreme Court on Friday directed high courts to pronounce judgements within three months from the date of reserving order, with faster decisions in cases of personal liberty.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi issued a slew of directions on a plea alleging delay in uploading of a high court judgement.
“In a matter where the judgement is reserved, the High Court shall endeavour to pronounce a reasoned judgement promptly, within a maximum period of 3 months from the date of reserving such judgement.
“The High Courts shall display extra promptitude in pronouncing judgements and orders in matters of personal liberty, e.g. regular bail, anticipatory bail, criminal appeals (where the convict is in custody), death references, etc,” the bench said.
The apex court said orders in bail applications should be pronounced the same day, and if they are reserved, they must be pronounced and uploaded the next day.
“Orders granting regular bail, suspending sentence, or acquitting a convict in custody should be communicated to the jail authorities and the Trial Court on the date it is pronounced.
“Consequent upon the outcome, the undertrial/convict must be released on the same day or, at most, on the next day, unless they are required to be taken in custody in another case, or there is a delay in complying with the bail conditions, etc,” the bench said.
The top court said in cases where, after hearing the parties, the HC is of the opinion that any delay in pronouncement of a reasoned judgement will cause irreparable loss to the parties and urgent orders are required, the operative part may be pronounced in Court, and the reasoned judgement be uploaded within seven days or a maximum of 15 days.
“Such cases may include habeas corpus matters, criminal appeals resulting in the acquittal of a convict in custody, matters relating to demolition/eviction, matters relating to admission to educational institutions, or other urgent cases.
“A reasoned judgement pronounced in open court should be uploaded on the High Court website within 24 hours,” it said.
The top court asked chief justices of high courts to make necessary changes to their websites, so that at the end of every month, automated emails are sent to them, specifying all the reserved judgements pending in that month, along with a copy of the email to the bench that has reserved the judgement.
“The Chief Justice of the High Court may also circulate the statement of the cases, in which the judgements have not been pronounced within two months from the date of reserving such judgement, amongst the Judges of the High Court for their information.
“The communication shall be conveyed as confidential and in a sealed cover. In the event the reserved judgement 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 judgement within two weeks thereafter,” the bench said.
The apex court exercising its extraordinary powers under Article 142 of the Constitution said if only the operative portion of the judgement is pronounced, the reasoned verdict must be uploaded within 15 days.
The top court directed that if the judgement is not pronounced within four months of reserving order, then parties can approach the Chief Justice of the high court to assign the matter to another bench.
The top court clarified that directions passed by it do not intend to cast aspersions on any particular judge or a high court judgement.
