Excelsior Correspondent
SRINAGAR, Apr 10: The High Court has recommended training to Municipal Magistrate (MM) Srinagar in Judicial Academy for passing an order in a case without applying the mind and following the process of law.
The Magistrate vide his order dated 30th December 2024, dismissed an application of petitioner preferred under Section 151 of the Code of Civil Procedure (CPC), without giving any cogent reason.
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The petitioners moved an application before trial court under Section 151 CPC, praying for passing of an order of status quo ante in their favour and against respondents and directing SHO police station Shalteng, Srinagar, to restore the position pertaining to suit property.
The trial court as per the contentions raised before the High Court has dismissed the said application without giving any reason which compelled the aggrieved parties to challenge the order before the High Court.
Justice V C Koul while setting aside the order of court below expressed his deep concern the way the court below dealt with the case and recommended the presiding officer be sent to Judicial Academy for refreshment course.
“…the instant petition is allowed and an impugned order dated 30th December 2024, passed by Municipal Magistrate (1st Civil Subordinate Judge) Srinagar, is set-aside. The trial court shall decide the application under Section 151 CPC preferred by petitioners before it, after getting response/objections from the other-side and after hearing both the parties”, Justice Koul directed.
The court in view of passing the order by trial judge in a casual manner has said the presiding Officer, who has passed order impugned, needs to be sent/ deputed to J&K Judicial Academy for refreshment course. “In this regard, the Registry of this Court shall place a copy of this order before the Chief Justice for passing of appropriate orders”, read the order.
The trial court while giving his opinion in the impugned order has said “Heard and perused the record. For the reasons stated in the order of the application, the application also lacks merit and is therefore dismissed. Disposed of and made part of the main file.”
Justice Koul said these expressions cannot be, in view of well settled legal position, said to be reasons given by the trial court but can be said to be cryptic inasmuch as trial court has not discussed what provisions of Section 151 CPC provide for, what petitioners plead in their application, what they seek for on the basis of the case set up in the application, and why and what are the reasons to dismiss the application.
“It is well settled that judicial order necessarily has to be a reasoned one, where the mind of the Court needs to be revealed and cogent and convincing reasons need to be stated. However, when we go through impugned order, it reflects total non-application of mind on the part of the Presiding Officer. He needs a refresher course through J&K Judicial Academy”, the court observed.
Justice Koul added that the right to know the reasons for decisions made by the Judges is an indispensable right of a litigant. Even a brief recording of reasoned opinion justifying the decision made would suffice to withstand the test of a reasoned order or judgment. A non-speaking, unreasoned or cryptic order passed or judgment delivered without taking into account the relevant facts, evidence available and the law attracted thereto has always been looked at negatively and judicially derecognized by the courts.
“Mere use of words or language of a provision in an order or judgment without any mention of the relevant facts and the evidence available thereon has always been treated by the superior courts as an order incapable of withstanding the test of an order passed judicially”, read the judgment.
“It is common knowledge that Judges are heroes of reason-giving and the courts are portrayed as deliberative institutions. It is being pointed out that courts’ legitimacy must be established on reasons. The courts make decisions in closed sessions, many of their processes are open to public”, Justice Koul observed.
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