The Delhi High Court recently remanded a case back to the Additional Sessions Court upon noting that the order passed by the lower court was bereft of reasons. [BSR v PSR].The High Court further observed that an order without reasons takes away the litigant's right to challenge that order. ."It is well settled that reasons are the live links between the mind of the decision taker to the controversies in decision and the decision or conclusion arrived at. An order sans reasons takes away a very valuable right of a litigant - to challenge that order", the Court said..Justice Subramonium Prasad made the observation with respect to an order passed by the Additional Sessions Court on an appeal that arose out of a Metropolitan Magistrate order in a domestic violence case. .Justice Prasad highlighted that even when an Appellate Court affirms an order of the Lower Court, it has to adjudicate on the issues which arise in the appeal and deal with all the contentions raised by the parties..In this case, he pointed out that the Appellate Court (Additional Sessions Court) has not given any reasons other than saying that both the impugned orders therein were crystal clear and that the Metropolitan Magistrate has passed the impugned orders after considering each and every point of law. .Justice Prasad further explained that the duty of the Appellate Court is to see whether the Metropolitan Magistrate had considered the claim of the petitioner on merits and what were the reasons given by the Metropolitan Magistrate to reject the claim..The case related to two appeals that were dismissed by the Additional Session Judge without giving reasons. Both the appeals were disposed off by way of a common Judgement. .The Additional Sessions Judge's common judgment stated:"Perusal of the both these impugned orders are crystal clear that Id. trial court passed the impugned orders after considering each and every point of law and judgments cited. Neither of these order suffer from any illegality, perversity nor passed the same in any arbitrarily manner. Appellant tried to mingle other issues with the present one.With the above discussion, this court is of the view that impugned orders do not call for any interference and same are well reasoned and legally justified. Accordingly, the impugned orders dated 24.07.2019 and 23.01.2020 are hereby upheld.Accordingly, the above mentioned criminal appeals are hereby dismissed as no merits are found therein.".The High Court relied on the Supreme Court udgement in CCT v. Shukla & Bros., wherein it was held that a litigant who approaches the Court with any grievance in accordance with law is entitled to know the reasons for grant or rejection of his prayer. Reasons are the soul of orders, the Supreme Court had held..Since the Additional Sessions Judge judgment under challenge was bereft of reasons, the High Court allowed the petition and remanded the matter back to the concerned Additional Session Judge with directions to dispose the case off expeditiously.."Resultantly, the petition is allowed and the order dated 06.02.2021 passed by the Additional Session Judge – 03, Karkardooma Courts, in Criminal Appeals No.19/2020 & 25/2020 is set aside and the matter is remanded back to Additional Session Judge for consideration," the High Court ordered..[Read Order]
The Delhi High Court recently remanded a case back to the Additional Sessions Court upon noting that the order passed by the lower court was bereft of reasons. [BSR v PSR].The High Court further observed that an order without reasons takes away the litigant's right to challenge that order. ."It is well settled that reasons are the live links between the mind of the decision taker to the controversies in decision and the decision or conclusion arrived at. An order sans reasons takes away a very valuable right of a litigant - to challenge that order", the Court said..Justice Subramonium Prasad made the observation with respect to an order passed by the Additional Sessions Court on an appeal that arose out of a Metropolitan Magistrate order in a domestic violence case. .Justice Prasad highlighted that even when an Appellate Court affirms an order of the Lower Court, it has to adjudicate on the issues which arise in the appeal and deal with all the contentions raised by the parties..In this case, he pointed out that the Appellate Court (Additional Sessions Court) has not given any reasons other than saying that both the impugned orders therein were crystal clear and that the Metropolitan Magistrate has passed the impugned orders after considering each and every point of law. .Justice Prasad further explained that the duty of the Appellate Court is to see whether the Metropolitan Magistrate had considered the claim of the petitioner on merits and what were the reasons given by the Metropolitan Magistrate to reject the claim..The case related to two appeals that were dismissed by the Additional Session Judge without giving reasons. Both the appeals were disposed off by way of a common Judgement. .The Additional Sessions Judge's common judgment stated:"Perusal of the both these impugned orders are crystal clear that Id. trial court passed the impugned orders after considering each and every point of law and judgments cited. Neither of these order suffer from any illegality, perversity nor passed the same in any arbitrarily manner. Appellant tried to mingle other issues with the present one.With the above discussion, this court is of the view that impugned orders do not call for any interference and same are well reasoned and legally justified. Accordingly, the impugned orders dated 24.07.2019 and 23.01.2020 are hereby upheld.Accordingly, the above mentioned criminal appeals are hereby dismissed as no merits are found therein.".The High Court relied on the Supreme Court udgement in CCT v. Shukla & Bros., wherein it was held that a litigant who approaches the Court with any grievance in accordance with law is entitled to know the reasons for grant or rejection of his prayer. Reasons are the soul of orders, the Supreme Court had held..Since the Additional Sessions Judge judgment under challenge was bereft of reasons, the High Court allowed the petition and remanded the matter back to the concerned Additional Session Judge with directions to dispose the case off expeditiously.."Resultantly, the petition is allowed and the order dated 06.02.2021 passed by the Additional Session Judge – 03, Karkardooma Courts, in Criminal Appeals No.19/2020 & 25/2020 is set aside and the matter is remanded back to Additional Session Judge for consideration," the High Court ordered..[Read Order]
