SC issues binding guidelines to HCs for timely delivery of reserved judgments

New Delhi: The Supreme Court on Friday laid down a comprehensive set of binding directions for all High Courts to curb delays in pronouncing judgments in matters where hearings have been reserved.

A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed that High Courts should endeavour to deliver reasoned judgments within three months from the date of reserving them. 

The court emphasised greater urgency in cases involving personal liberty, directing that bail applications be heard and orders preferably pronounced and uploaded on the same day. 

If reserved, such orders must be pronounced the next day and uploaded on the High Court website, it said.

The guidelines stipulate that if a bench fails to deliver a reserved judgment within four months, parties can approach the Chief Justice of the High Court to withdraw the matter and assign it to another bench, the court said.

In cases where only the operative part of the judgment is pronounced, the detailed reasoned order must be uploaded within 15 days, it added.

Reasoned judgments delivered in open court should be uploaded on the High Court website within 24 hours, the bench said.

The apex court further directed that orders granting bail or suspension of sentence must be communicated immediately to jail authorities, with undertrials or convicts preferably released on the same day or the next day, unless they are wanted in other cases or have not fulfilled bail conditions. Trial courts have been asked to submit compliance reports to the High Court in this regard.

For criminal appeals or death sentence references involving appellants in custody, benches may seek clarifications from parties within seven days of reserving judgment. In other matters, clarifications should not be sought beyond one month, the bench said.

In urgent cases likely to cause hardship — such as habeas corpus petitions, criminal appeals resulting in acquittal, or demolition matters — the operative part can be pronounced in court, with the reasoned judgment to follow within seven to 15 days, the bench said.

The court stressed in order to ensure accountability, the Chief Justice of every High Court must put in place a system for monthly automated emails highlighting reserved cases pending beyond stipulated periods. 

"If a judgment is not delivered within three months, the Registrar General must place the matter before the Chief Justice, who can eventually reassign it to another bench after due notice to parties," the bench said. 

Similar mechanisms have been prescribed for delays in uploading reasoned judgments after pronouncing the operative part. Parties to a case have been empowered to file applications seeking early pronouncement or reassignment if judgments are not delivered within the timelines. 

Such applications must be listed promptly, and the Registry is required to keep the Chief Justice informed. Certified copies of judgments must mention the dates of reserving, pronouncement, and uploading. High Court websites should reflect these dates in case status and notify parties by email when reasoned judgments are uploaded, the court ordered.

The directions were issued while dealing with a petition concerning prolonged delays by the Jharkhand High Court in pronouncing judgments in criminal appeals reserved in 2022. 

Four convicts belonging to Scheduled Tribes and Other Backward Classes had approached the Supreme Court, arguing that the delays violated their right to speedy justice under Article 21 of the Constitution.

Advocate Fauzia Shakil, serving as amicus curiae, had submitted draft guidelines which largely formed the basis of the directions issued by the court. 

The court had also called for details of pending reserved judgments from all High Courts.The issue of delayed judgments is not new. 

In 2001, the court had issued similar guidelines in the case of Anil Rai Vs State of Bihar. The latest directions seek to strengthen accountability and transparency in the judicial process. The Registrar Generals of High Courts have been asked to place these guidelines before their Chief Justices for incorporation into the respective rules.