High Courts have duty to pass reasoned order when refusing relief: Supreme Court
“When the Constitution grants the High Court’s the power to give relief, the courts would be failing in their duty if relief is denied without adequate reasons,” the Supreme Court stated.
On Monday, the Supreme Court ruled that when a number of issues/grounds are raised before the High Court in a plea under Article 226 of the Indian Constitution, the High Court is required to deal with them and issue a reasoned order [Vishal Ashwin Patel vs Assistant Commissioner of Income Tax Circle 25(3) and others].
The Court was hearing an appeal against a Bombay High Court order that; dismissed petitions challenging the reopening of assessment/reassessment proceedings.
Based on its decisions in Central Board of Trustees vs Indore Composite Private Limited (2018) and Union Public Service Commission vs Bibhu Prasad Sarangi and Others (2021), the Supreme Court held that; in exercising its powers under Article 226, the High Court must consider the issues in a case independently.
“The reasons constitute the soul of judicial decision, and how Judges communicate in their judgment is a defining feature of the judicial process because quality of justice brings legitimacy to the judiciary,” the Bench observed.
In view of the foregoing considerations, and without delving into the merits of the case; the Supreme Court referred the case back to the High Court for a new hearing on the merits.
Respondents represented by; Additional Solicitor General Balbir Singh and Advocate Raj Bahadur Yadav and on the appellant side Advocate Raj Mittal appeared
Read more blogs@advocatetanwar.com