SC overturns Madras HC judgment due to delayed reasoning

SC overturns Madras HC judgment due to delayed reasoning

A judgment that was rendered by the Madras High Court has been overturned by the Supreme Court of India, while emphasizing on the importance of timely and transparent judicial processes. 

The ruling, handed down by a bench of Justices Abhay S Oka and Ujjal Bhuyan, signified a critical reevaluation prompted by concerns over the delayed issuance of a reasoned order, which occurred five months after the retirement of the presiding judge, followed by its subsequent publication on the High Court's official website.

Expressing disapproval, the Supreme Court scrutinized the conduct of the former high court judge for delivering a concise one-line order in a criminal case, only to release the detailed judgment several months after retiring from service. Such prolonged retention of the case file post-demotion from office was deemed a serious act of impropriety by the bench.

The case in question revolved around the dismissal of a chargesheet and the acquittal of the defendants in a criminal matter by the Madras High Court. Although the operative part of the order was pronounced a month before the judge's retirement, the comprehensive rationale behind the decision remained undisclosed to the public.

Justice T Mathivanan, who retired on May 26, 2017, saw the detailed judgment published on the court's website only on October 23, 2017, a delay of five months. The Supreme Court, in its ruling, pointed out this discrepancy, asserting that even after leaving office, the judge took the time to prepare the reasoning and finalize the judgment, a move deemed inappropriate.

Quoting the timeless principle articulated by Lord Hewart a century ago that "justice must not only be done, but must also be seen to be done," the Supreme Court emphasized the need for transparency and accountability in the judicial process. The actions in this particular case, the court emphasized, run counter to this fundamental principle and cannot be condoned.

The judgment that was overturned had involved the quashing of a chargesheet filed by the Central Bureau of Investigation (CBI) against businessman Naresh Prasad Agarwal of Chennai in a Rs 113 crore cheating case. Following the High Court's decision, the CBI promptly appealed to the Supreme Court, leading to this significant legal reevaluation.

Case: STATE THROUGH INSPECTOR OF POLICE CBI CHENNAI vs.NARESH PRASAD AGARWAL & ANR,

CRIMINAL APPEAL NOS.829-830 OF 2024 (Arising out of S.L.P.(Criminal) Nos.2210-2211 of 2024 @ Diary No.29911 of 2018).

Click to read/download judgment.

Share this News

Website designed, developed and maintained by webexy