If High Court Bench Doesn't Deliver Judgment In 3 Months After Reserving, Registrar Must Place Matter Before Chief Justice : Supreme Court

The Supreme Court today expressed shock at the manner in which judgments are not being delivered for long period by the High Courts, depriving the litigant to seek appropriate remedy. It reiterated that the guidelines passed by the Court in Anil Rai v. State of Bihar (2002), wherein the Court directed that the parties are free to move an application before the Chief Justice of the High Court for withdrawal of case and to be assigned to a different bench if the judgment is not pronounced within six months after being reserved, must be adhered to properly. 

"It is extremely shocking and surprising that the judgment was not delivered for almost a year from the date when the appeal was heard. This Court is repeatedly confronted with similar matters wherein proceedings are kept pending in the High Court for more than three months, in some cases for more than six months or years wherein judgments are not delivered after hearing the matter. In most of the High Courts, there is no mechanism where the litigant can approach the concerned Bench or the Chief Justice bringing to its notice the delay in delivery of judgment. In such situation, the litigant loses his faith in the judicial process defeating the ends of justice."

Remarking that the principles laid down in Anil Rai must be followed, a bench comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra said: "We reiterate the directions and direct the Registrar General of each High Court to furnish to the Chief Justice of the High Court a list of cases where the judgment reserved is not pronounced within the remaining period of that month and keep on repeating the same for three months. If the judgment is not delivered within three months, the Registrar General shall place the matters before the Chief Justice for orders and the Chief Justice shall bring it to the notice of the concerned Bench for pronouncing the order within two weeks thereafter, failing which the matter be assigned to another Bench."  

The Court also remarked that many High Courts have adopted practice of pronouncing the final order without reasoned judgment which is then not delivered for substantially long time. It said that this deprives the aggreived party of the opportunity to seek further judicial redressal and has been deprecated in many judgments including Ratilal Jhaverbhai Parmar and Ors. vs. State of Gujarat and Ors.(2024).

The Court was dealing with a special leave petition preferred against two interim orders of 2023 and 2024, respectively, by the Allahabad High Court. In the SLP, the appellant averred that his appeal has been pending since 2008, and he moved the High Court on nine different occasions for early histing, hearing and disposal of the appeal. 

By an order dated April 15, the Court requested the High Court to decide appeals expeditiously preferably within three months. However, the Court was informed that the division bench of the High Court had earlier reserved the judgment in 2021 but did not pronounce the order.

The Supreme Court then directed the Registrar General of the High Court to immediately bring this to the notice of the Chief Justice and also submit a report to the correctments of the averments made. In the report submitted, it was informed that the judgment was reserved on December 24, 2021. But since it was not delivered, the Chief Justice listed the matter before a regular bench. But it was placed again before the Chief Justice, which listed the matter as per roster on January 9, 2023. But since no one appeared, the matter was subsequently adjourned and eventually the hearing did not materialise. 

Case Details: RAVINDRA PRATAP SHAHI Vs STATE OF U.P.|SLP(Crl) No. 4509-4510/2025

Citation : 2025 LiveLaw (SC) 834

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