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AIR 2008 SUPREME COURT 930
::2008 AIR SCW 373
Supreme Court Of India
(From : Himachal Pradesh)*
Hon'ble Judge(s):
Arijit Pasayat,
Aftab Alam
, JJ
(A) Criminal P.C. (2 of 1974) , S.378(3)— Appeal against acquittal - Grant/refusal of leave - Resoned order has to be passed. Cri. M.P. (M) No. 623 of 2006, D/- 12-10-2006 (H.P.), Reversed. Constitution of India , Art.14— An application for grant of leave to file appeal against acquittal has to be disposed of by a reasoned order. Reasons introduce clarity in an Order. On plainest consideration of justice, the High Court ought to set forth its reasons, howsoever brief, in its order indicative of an application of its mind, all the more when its order is amenable to further avenue of challenge. The absence of reasons renders the High Court order not sustainable. Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before Court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The "inscrutable face of a sphinx" is ordinarily incongruous with a judicial or quasi-judicial performance. (B) Constitution of India , Art.141— Supreme Court decision - Binding force - Judicial dicipline to abide by S.C. decision cannot be forsaken, und....
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