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Pass orders giving reasons: apex court

Legal Correspondent

Denounces practice of not citing reasons

Orders passed by this court are final
Bench remits the case to High Court

New Delhi: The Supreme Court has strongly deprecated the practice being adopted by trial courts and the High Courts in passing orders/judgments without giving reasons.

A Bench of Justices C. K. Thakker and D. K. Jain said, “When the matter is decided by a court, [the] reasons must be recorded in support of such [a] decision. It is because the aggrieved party may make grievance in the superior court that the reasons recorded by the trial court were non-existent, extraneous, irrelevant etc. The successful party on the other hand, may support the reasons recorded by the court in his/her favour.”

The Bench said: “The superior court may also consider whether [the] reasons recorded by the court in support of the order passed by it were in consonance with law and whether interference is called for. If the final order is without any reason, several questions may arise and it will be difficult for the parties to the proceedings as well as the superior court to decide the matter one way or other. This court, has, therefore, deprecated the practice of pronouncing [the] final order without recording [the] reasons in support of such [an] order.”

Recalling an earlier judgment, the Bench said, “It may be thought that such orders are passed by this court and, therefore, there is no reason why the High Courts should not do the same. We would like to point out respectfully that the orders passed by this court are final and no final appeals lie against them. The Supreme Court is the final court in the hierarchy of our courts. Besides, orders without a reasoned judgment are passed by this court very rarely, under exceptional circumstances.”

It further said: “It would be appropriate and desirable if all courts, including [the] High Courts, keep in mind the above principles laid down by this court and pass final orders only after recording [the] reasons in support of such orders.”

High Court order

The Bench was allowing an appeal filed by an accused, Mangat Ram of Haryana, challenging an order passed by the Punjab and Haryana High Court which dismissed his criminal appeal without citing any reason.

The High Court, in its brief order, had said “Heard. Dismissed, reasons to follow.” The Bench remitted the matter to the High Court for fresh consideration in accordance with law after hearing the parties.

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