A single-judge of the Orissa High Court, Justice Biswanath Rath, has strongly criticized a decision made by a division bench concerning the renewal of a passport. In an order issued on August 10, Justice Rath expressed his strong objection to the division bench's decision, terming it "absolutely unreasoned and unwarranted."

Justice Rath's earlier judgment, which directed the renewal of a passport for an individual involved in criminal cases, was nullified by the division bench in just three lines. This prompted Justice Rath to assert that he had never encountered such a swift dismissal of a judgment's effect during his extensive legal career.

Justice Rath questioned the division bench's lack of reasoned explanation for overturning his judgment, noting that such actions undermine the sanctity of legal proceedings. He also pointed out that his earlier judgment had taken into consideration various Supreme Court decisions, whereas the division bench appeared to have disregarded them entirely.

The single-judge emphasized that while appellate authority is vested in division benches, their decisions must be grounded in sound reasoning and consideration of precedent. He criticized the division bench's perceived assumption of "absolute appellate authority," highlighting the importance of confidence and consistency in legal proceedings.

The dispute originated from a March 2022 order by Justice Rath, where he directed the renewal of a passport for an individual involved in criminal cases. The decision was later appealed by the Union of India and heard by the division bench. The division bench ruled that Justice Rath's decision would not set a precedent and could only be applied to the specific case.

Justice Rath's recent ruling on a separate passport renewal case highlighted the division bench's decision as a factor in rejecting the renewal application. He noted that the division bench's decision lacked reasoning for not treating it as a precedent.

Ultimately, Justice Rath granted relief to the woman involved in the passport renewal case, asserting that Supreme Court judgments on passport renewals for individuals in criminal cases should apply. He ordered the authorities to expedite the renewal process within seven days.

Justice Rath's critique underscores the importance of reasoned decision-making and consistency in legal proceedings, while also pointing out the need for division benches to provide well-founded explanations for their judgments.