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Supreme Court of India 2024-10-21 allowed

RATILAL JHAVERBHAI PARMAR AND ORS vs STATE OF GUJARAT AND ORS

Bench: 2 — Dipankar Datta, Prashant Kumar Mishra

In Brief

The Supreme Court examined whether a High Court's order dismissing a petition under Article 227, pronounced on 1st March 2023 but communicated with written reasons only on 30th April 2024, was validly delivered. The Court found that the judge verbally pronounced "dismissed" in open court without stating that reasons would follow, thus forfeiting jurisdiction to later assign reasons. The ante-dated reasoned order was set aside as procedurally defective. The Court provided guidance that where operative parts and reasons are separated, reasons must be communicated within 2–5 days; if infeasible, the judgment must be reserved instead. The petition was restored to the High Court for fresh consideration on merits, emphasizing that justice must visibly be seen to be done to preserve judicial credibility.

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Constitutional Law Civil Procedure Judicial Administration High Court Practice Judicial Discipline Article 227 Jurisdiction Judicial Integrity Promptness of Judgments

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