This Court does not appreciate practice of Executive Magistrates passing non-speaking, unreasoned, one or two-line orders: Calcutta High Court

The Calcutta High Court recently expressed disapproval over Magistrates passing one line or two lines orders bereft of reasons and without dealing with the concerned party's contentions (Kohinur Begam & Ors. v. The State of West Bengal & Anr)..The Court was dealing with a plea challenging the extension of an interim order passed under Section 107 (security for keeping the peace) of the Code of Criminal Procedure (CrPC) by the Executive Magistrate, Jalpaiguri. .The petitioner claimed that the order was passed despite objections that the root matter involved a civil dispute. The order was also challenged for being passed without any reasons being cited. .While setting aside the said order, Justice Md. Nizamuddin of the Calcutta High Court made note to express, ."This Court does not appreciate this practice of one line or two lines orders by the learned Magistrates concerned and passing non-speaking order without giving any reason and justification and without dealing with the contention raised by the parties while passing any interim or final order or any effective order affecting the right of the parties.".The High Court has now enjoined all magistrates to pass reasoned orders and judgments so that an appellate court would be in a position to consider the matter better if the order is challenged. .Justice Nizamuddin's order reads:."It is expected that in near future all the learned Magistrates concerned while passing any effective order, interim order or any subsequent order confirming their interim order or any order affecting the rights of the parties to the proceeding, they will pass a reasoned and speaking order by dealing with the contentions of the parties so that If such order is challenged before the higher forum that higher forum must be in a position to consider the material or the basis for passing such orders and the parties are also in a position to know the reason of such orders affecting their rights.".The Court proceeded to dispose of the matter by directing the Executive Magistrate, Jalpaiguri to consider the matter afresh and pass a reasoned and speaking order on the objections raised by the petitioner within eight weeks. .Read the order: