Source: Supreme Court 

Why in News? 

A bench of Justice Abhay S Oka and Justice Augustine George Masih laid down the law regarding conditions imposed while granting remission.                  

• The Supreme Court held this in the case of Ratilal Jhaverbhai Parmar & Ors. v. State Of Gujarat & Ors. 

What was the Background of Ratilal Jhaverbhai Parmar & Ors. v. State Of Gujarat & Ors. Case? 

• A civil appeal arose from a judgment and order dated 1st March 2023, from the Gujarat High Court at Ahmedabad. 
• The appellant had filed R/Special Civil Application under Article 227 of the Constitution challenging an order dated 16th June 2015, passed by the Deputy Collector, Kamrej Prant, District Surat. 
• The petition came up for hearing on 1st March 2023, where the judge verbally pronounced "dismissed" without expressing that reasons would follow. 
• More than a year later, on 30th April 2024, the appellant's counsel received from the IT Cell of the High Court a soft copy of a reasoned order dated 1st March 2023. 
• Investigation revealed that the judge had actually dictated the reasoned order on 12th April 2024, to his personal secretary, which was then uploaded on 30th April 2024. 

What were the Court’s Observations?  

• Issue of Judicial Delay and Documentation: 
  • The Court expressed concern about the persistent ignoring of binding precedents by High Courts regarding prompt delivery of judgments. 
  • The Court emphasized that neglect/omission/refusal to abide by binding precedents affects the administration of justice. 
• Analysis of the Judge's Actions: 
  The Court found that the High Court judge had breached judicial norms by:  
  • Not expressing that reasons would follow when dismissing the petition 
  • Writing a detailed reasoned order after a year's delay 
  • Ante-dating the order to March 1, 2023 
• Guidelines for Future Practice: 
  • The Court laid down guidelines for pronouncing judgments:  
  • When using the practice of pronouncing operative part with "reasons to follow," reasons should be made available:  
    • Preferably within 2 days 
    • Not beyond 5 days in any case 
  • If reasons cannot be provided within 5 days, the judgment should be reserved 
  • In cases affecting parties' status or subject matter, Order XX of CPC should be strictly followed 
• Final Orders: 
  • The impugned order dated March 1, 2023, was set aside 
  • The petition was restored to the High Court's file 
  • The Chief Justice was requested to place the petition before the appropriate judge for fresh consideration 
  • The new hearing should be uninfluenced by observations in the March 1, 2023 order 
• Notable Observations: 
  • The Court emphasized the principle that "justice must not only be done but must also be seen to be done". 
  • Acknowledged the heavy workload of High Court judges while stressing the importance of maintaining judicial standards. 
  • Emphasized the need for balance between efficiency and proper judicial procedure. 

What is Article 141 of the Constitution of India, 1950?  

• After independence, when our Constitution came into force, Article 141 was enforced, which strengthened the status of judicial precedents in the Indian legal system. 
• Article 141 states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. 
• The law declared has to be construed as a principle of law that emanates from a judgment, or an interpretation of law or judgment by the Supreme Court, upon which the case is decided. 

What is Order XX of the Code of Civil Procedure, 1908 (CPC)? 

• Pronouncement of Judgment 
  • General Courts: 
    • Must pronounce judgment in open court either immediately or as soon as practicable 
    • If delayed, should be pronounced within 30 days of hearing conclusion 
    • In exceptional cases, can be extended up to 60 days with due notice 
  • Commercial Courts: 
    • Must pronounce judgment within 90 days of arguments conclusion 
    • Copies to be issued to all parties via email or other means 
  • Written Judgment Requirements: 
    • Sufficient to read out findings on each issue and final order 
    • Can be dictated to shorthand writer if judge is specially empowered 
    • Transcript must be corrected, signed by judge, and dated 
• Judgment Signing and Modification 
  • Signing Requirements: 
    • Must be dated and signed by Judge in open court during pronouncement 
    • Once signed, cannot be altered except under section 152 or on review 
    • A judge can pronounce judgment written but not pronounced by predecessor 
  • Content Requirements for Different Courts: 
    • Small Cause Courts: Only need points for determination and decisions 
    • Other Courts: Must contain:  
      • Concise case statement 
      • Points for determination 
      • Decision 
      • Reasons for decision 
• Decree Preparation and Content 
  • Time Frame: 
    • Must be prepared within 15 days of judgment pronouncement 
    • Appeals can be filed without decree copy 
    • When decree is drawn, judgment ceases to have decree effect 
  • Essential Contents: 
    • Must match with judgment 
    • Must include:  
      • Suit number 
      • Names and descriptions of parties 
      • Registered addresses 
      • Claim particulars 
      • Clear specification of relief granted 
      • Cost details and allocation 
      • Date of judgment pronouncement 
• Special Types of Decrees 
  • Property-Related: 
    • Immovable Property: Must contain sufficient property description with boundaries/numbers 
    • Movable Property: Must state alternative money payment if delivery impossible 
  • Payment-Related: 
    • Can include installment payment provisions 
    • Can postpone payments with or without interest 
    • Can be modified post-decree with consent of decree-holder 
  • Specific Cases: 
    • Partnership Dissolution: Preliminary decree declaring shares and dissolution date 
    • Administration Suits: Preliminary decree ordering accounts and inquiries 
    • Pre-emption Suits: Must specify payment deadline and possession transfer terms 
    • Partition Suits: Must declare rights of parties and provide partition directions 
• Documentation and Copies 
  • Judgment Copies: 
    • Must be made available immediately after pronouncement 
    • Parties can obtain copies for appeal purposes 
    • Charges as specified by High Court rules 
  • Certification: 
    • Certified copies of judgment and decree to be furnished to parties on application 
    • Parties must bear the expenses of obtaining copies 
• Appeal Information 
  • Court must inform unrepresented parties about:  
    • Which court to appeal to 
    • Period of limitation for filing appeal 
    • Must record this information