Balaji Baliram Mupade & Anr. v. The State of Maharashtra & Ors.

Civil Appeal · 2020 INSC 618Decided 29 Oct 2020
Civil Appeal No. 3564 of 2020
Justice Sanjay Kishan Kaul · Justice Hrishikesh Roy

Background

The appellants had challenged an order of the Aurangabad Bench of the Bombay High Court whose operative portion (dismissing their writ petition) was pronounced on 21.01.2020, but the actual written reasons for that order were only made available nearly nine months later, on 09.10.2020. Unable to know the reasoning behind the order, the appellants could not effectively approach the Supreme Court to challenge it on merits.

Decision Breakdown

The Supreme Court held that such a long gap between an operative order and its reasoned judgment is unacceptable and violates the right to access justice under Article 21 of the Constitution, relying on its own past rulings (including Anil Rai v. State of Bihar) that had already laid down time limits for pronouncing judgments. Because the appellants had been deprived of a meaningful opportunity to challenge the order on its merits for nine months, the Court set aside the High Court's order entirely and sent the matter back to the High Court for fresh hearing before a different bench. It also directed that a copy of this order be circulated to all High Courts as a reminder about timely delivery of reasoned judgments.

Lesson Learnt

Courts must release their full reasoning along with, or very soon after, any final order: an unreasonably long gap between the result and the reasons can itself be a ground for a higher court to set aside the order and send the case back for a fresh hearing.

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