The Supreme Court has once again raised concerns over the delayed issuance of reasoned orders by High Courts. While the practice of delivering reasons later is not entirely unfamiliar, it must have reasonable limits, emphasized the bench comprising Justices Vikram Nath and Ahsanuddin Amanullah.
In a recent case, the Bombay High Court dismissed revision petitions on July 25, 2023. Notably, the court mentioned that it would provide reasons separately. However, in a subsequent challenge filed against this decision, the petitioner argued that these reasons had not yet been made available. In response, the court remarked:
"The parties affected by the operative part of the uploaded order might require urgent attention. Without the accompanying reasons being uploaded, neither the affected party nor a reviewing court can effectively contest or evaluate the said order."
Consequently, the court directed the Registrar General of the High Court to submit a progress report on this matter. The delay in sharing comprehensive explanations alongside verdicts has been a recurring issue, drawing criticism even from the Supreme Court. While the practice of deferring the delivery of reasoning has its place, it cannot be extended indefinitely, as highlighted by the recent observations of the bench.
This situation underscores the importance of a balanced approach, where the urgency of parties seeking redressal aligns with the availability of well-structured explanations for judicial decisions.
The Supreme Court's intervention to seek a status update from the High Court is indicative of its commitment to upholding transparency and efficiency in the legal process. It remains to be seen how this instance will influence the future practice of sharing reasoned orders in a timely and coherent manner.
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