TMI Blog2020 (10) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... such orders is to ensure speedy compliance with them, that object is more often defeated by the aggrieved party filing a special Leave Petition in this Court against the order passed by the High Court. That places this Court in a predicament because, without the benefit of the reasoning of the High Court, it is difficult for this Court to allow the bare order to be implemented. The result inevitably is that the operation of the order passed by the High Court has to be stayed pending delivery of the reasoned judgment. It cannot be countenanced that between the date of the operative portion of the order and the reasons disclosed, there is a hiatus period of nine months! This is much more than what has been observed to be the maximum time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of this Court as far back as in the year 1983 in the State of Punjab Ors. v. Jagdev Singh Talwandi - 1984 (1) SCC 596 drew the attention of the High Courts to the serious difficulties which were caused on account of a practice which was increasingly being adopted by several High Courts, that of pronouncing the final orders without a reasoned judgment. The relevant paragraph is reproduced as under: 30. We would like to take this opportunity to point out that serious difficulties arise on account of the practice increasingly adopted by the High Courts, of pronouncing the final order without a reasoned judgment. It is desirable that the final order which the High Court intends to pass should not be announced until a reasoned judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court with prayer for early judgment. If, for any reason, no judgment is pronounced for six months, any of the parties is entitled to move an application before the then Chief Justice of the High Court with a prayer to re-assign the case before another Bench for fresh arguments. 4. The aforementioned principle has been forcefully restated by this Court on several occasions including in Zahira Habibulla H. Sheikh Ors. v. State of Gujarat Ors. [AIR 2004 SC 3467 paras 80-82], Mangat Ram v. State of Haryana (2008) 7 SCC 96 paras 5-10] and most recently in Ajay Singh Anr. Etc. v. State of Chhattisgarh Anr.- AIR 2017 SC 310. 5. The facts of the present case speak for themselves. The Special Leave Petition was filed against the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with regret that the counsel extended through various judicial pronouncements including the one referred to aforesaid appear to have been ignored, more importantly where oral orders are pronounced. In case of such orders, it is expected that they are either dictated in the Court or at least must follow immediately thereafter, to facilitate any aggrieved party to seek redressal from the higher Court. The delay in delivery of judgments has been observed to be a violation of Article 21 of the Constitution of India in Anil Rai s case (supra) and as stated aforesaid, the problem gets aggravated when the operative portion is made available early and the reasons follow much later. 11. It cannot be countenanced that between the date of the opera ..... X X X X Extracts X X X X X X X X Extracts X X X X
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