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Journalism of Courage
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.
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.
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’.
