The Supreme Court of India, in a significant move to address the issue of delayed judgments, has mandated a three-month deadline for High Courts to pronounce verdicts after reserving them. This directive, issued on Friday, also requires that orders in bail cases be passed and uploaded immediately, preferably on the same day.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi observed that High Courts must exhibit extra promptitude in matters concerning personal liberty, including regular and anticipatory bail. The court noted a series of appeals against convictions languishing indefinitely, highlighting the need for timely justice.
Key Directives on Bail Orders
The bench stated, "Bail applications should be heard, and the order should preferably be pronounced and uploaded the same day. If it is reserved, it should be pronounced the next day and uploaded to the website." The Supreme Court also emphasized that mere pronouncement of the bail order is insufficient; it must be communicated to jail authorities promptly to ensure the undertrial or convict is released immediately, preferably the same day or certainly by the next day. However, this is subject to the individual not being required to be kept in custody for other cases or failure to furnish bail bonds. Trial courts are directed to report compliance of bail orders to their respective High Courts.
Flexibility for Reasoned Judgments
Recognizing that delivering a detailed reasoned judgment may take time, the Supreme Court allowed High Courts to pronounce the operative part of the order immediately in urgent cases, with the full judgment to follow within 15 days. All verdicts must be uploaded within 24 hours of pronouncement.
Monthly Reporting and Escalation
The bench directed that the High Court registry must provide a monthly report on the number of reserved judgments to the Chief Justice. If a judgment remains reserved for two months, the Chief Justice may confidentially notify the concerned judge. If the verdict is not delivered within three months, the Chief Justice shall request the judge to do so within the next two weeks. Failure to comply could result in the case being reassigned to another judge or bench for a fresh hearing and prompt decision.
These measures are based on suggestions from amicus curiae Fauzia Shakil, which were accepted or modulated by the court. Additionally, parties in such situations are granted the liberty to file applications seeking reassignment of their cases to another bench. Every judgment must now mention the date on which the verdict was reserved.
