Post Mortem

Time-bound verdicts necessary at High Courts and Supreme Court

By Nagaland Post | Publish Date: 2/17/2021 2:09:35 PM IST

 It refers to Supreme Court verdict dated 12.02.2021 by its Division Bench dismissing order of Division Bench of Himachal Pradesh High Court which has ordered that single-bench order of the High Court was not valid because of delay in judgment-delivery where the single bench took more than nine months to deliver the judgement after completion of hearing. Supreme Court held that timeline for pronouncement of judgment in order XXCPC does not apply to High Courts.

Justice delayed is justice denied. In case rules of timely delivery of judgements presently do not apply to High Courts and Supreme Court, then rules must be made to fix some reasonable time-limit for pronouncement of judgements by Supreme Court and High Courts within a time-bound period of say maximum three months after completion of hearing. Moreover in case Single or Division Bench of High Court or Supreme Court desires matter to be heard by a larger bench, then decision in this regard should be taken compulsorily maximum within one month of first hearing of the case. Ultimate decision on long pending cases WPC 32855 and 32856 of 2009 before Supreme Court by a five-member Constitution Bench ultimately came on 13.11.2019 that too because the then Chief Justice of India heading the bench was to retire on 17.11.2019. It was not only because the final verdict came seven months of completion of arguments but also because necessity of formation of first a three-member bench and then a Constitution Bench after initial hearing done by a Division Bench.

Subhash Chandra Agrawal

(Guinness Record Holder & RTI Consultant)

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