Mohana Varma (FAMILY COUNSELOR WOMEN EMPOWERMENT TRAINING TECHNICAL CONSULTANT) 19 April 2013

Delayed judgement

Namasthe,

Under Article 226 a person has a right to question the act of a public servent through a Writ Petition.

My question is once the arguments are over hou long can a Judgement be kept on hold without delivering a date either for clarification or Arguement or judgement where there is a judgment by the Hon'Ble Supreme Court in a perticular ACT.

In a perticular case a status Quo was issued through Writ of Mandamus against the act of a Government Functionary and the Judgement is reserved for the past 3+ months. How long can this be on hold where the reason is unknown?

If the judgement is being delayed with no reasons stated what should a person or Citizen do?

Citizens who are on the negative side are taking advantage of such delays and the right are being suffered both mentally and financially... ANY SOLUTION PLS.

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2 Replies

Tajobsindia (Senior Partner ) 20 April 2013

1. Three months is what Apex Court said but there is a twist too which says what to do if 6 months the Order is kept reserved !

2. The Apex court in 2001 in ref.: Anil Rai Vs. State of Bihar https://indiankanoon.org/doc/1517737/ had laid down clear guidelines relating to pronouncement of judgment.

Held: "Where a judgment is not pronounced within three months from the date of reserving the judgment, any of the parties in the case is permitted to file an application in the high court with a prayer for early judgment." The court had said such an application would be listed for hearing before the concerned judges within two days.

If the judgment, for any reason, is not pronounced within six months, any of the parties to the said list (case) shall be entitled to move an application before the chief justice of the high court with a prayer to withdraw the said case and to make it over to any other bench for fresh arguments. It is open for the chief justice to grant the said prayer or to pass any order as he deems fit in the circumstances."