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Giving reasons for order one of the salutary requirements of natural justice: Allahabad High Court

Allahabad high court judgment, Right to reason: The court noted that if a decision lacks reasons, it will be impossible for courts to perform their appellate function.

The court also noted that the right to reason is an indispensable part of a sound judicial system.Allahabad high court judgment: The court also noted that the right to reason is an indispensable part of a sound judicial system. (This image is generated using AI)

Allahabad high court judgment: While emphasising the importance of recording reasons in orders, the Allahabad High Court has recently observed that providing reasons for the order is one of the salutary requirements of natural justice.

“One of the salutary requirements of natural justice is spelling out reasons for the order made. In other words, speaking out. The inscrutable face of the sphinx is ordinarily incongruous with a judicial or quasi-judicial performance”, Justice Saurabh Lavania noted.

The court also noted that the right to reason is an indispensable part of a sound judicial system.

“Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the later before Court”, the court said.

The court made this observation while dealing with a plea challenging the orders passed by District Magistrate, Bahraich and Divisional Commissioner under section 3 (1) of Uttar Pradesh Control of Goondas Act, 1970.

It was submitted that the district magistrate had passed an order of externment against the appellant based upon two criminal cases and three beat reports.

It was further submitted that the appeal filed against the order of externment was dismissed by the divisional commissioner, Gonda. It was contended that the appeal was dismissed without dealing with the factual aspects of the case.

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The court noted that the orders passed by the district magistrate, Bahraich and divisional commissioner, Gonda were unreasoned orders.

The court held that recording of reasons is necessary. The court noted that if the decision lacks reasons, it will be impossible for courts to perform their appellate function.

“The emphasis on recording reasons is that if the decision reveals the ‘inscrutable face of the sphinx’, it can be its silence, render it virtually impossible for the Courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision”, the court said.

The court, therefore, quashed the orders passed by the district magistrate, Bahraich and divisional commissioner, Gonda. It remanded the case back to the District Magistrate, Bahraich to pass a ‘fresh reasoned and speaking order in the matter’.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

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