Supreme Court: The Court must assign the reasons as to why the petition is allowed or rejected

We all remember a few things of childhood.

Remember, when we were demanding something from our Mother or Father in our childhood, if that thing was not right for us, then they refuse to buy that and tells us the reason for not to buy.

In the same way, the judiciary is a temple of justice wherein every citizen decides to go and file a petition for justice. So it is the responsibility of the court to provide proper justice to that citizen there. But Hon'ble High Court of Patna in the matter of Jitender Kumar Vs. The state of Bihar directly comes to the conclusion that the petition should be rejected without assigning any reason for rejection.



Against the above-stated order of High Court appeal was filed before Hon'ble Supreme Court, The question, which arises for consideration in this appeal, is whether the High Court was right in dismissing the appellant's petition.

The Bench of SC states that "such an approach of the High Court while disposing of the petition cannot be countenanced. Time and again, this Court has emphasized the necessity of giving reasons in support of the conclusion because it is the reason, which indicates the application of mind. It is, therefore, obligatory for the Court to assign the reasons as to why the petition is allowed or rejected, as the case may be."

Read the Order Here

CS Haridatta Sharma

CS Haridatta Sharma is an Associate Member of the Institute of Company Secretaries of India (ICSI) having good experience in legal and secretarial matters. He is a graduate from Utkal University, Odisha and Post graduate from Pt. Ravishankar Shukla University, Chhattisgarh.

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