New Delhi, Feb 23 (UNI) The Supreme Court has reminded the High Courts of the provision of Article 141 of the Constitution under which all courts and authorities across the country are bound by the judgement of the Apex Court.
A bench comprising Justices Arijit Pasayat and P Sathasivam also pulled up Rajasthan High Court for denying permission to the state of Rajasthan to appeal against the order of acquittal, passed by a trial court in a dowry death case. The apex court set aside the impugned judgement of the High Court as it has not given reasons for denying permission to the state government to file an appeal against acquittal.
The victim, according to the prosecution, was first murdered for bringing less dowry and later on her body was thrown into the well.
The trial court acquitted the accused person namely Rohitas and others.
The state moved the High Court under Section 378(1) of CrPC for leave, to appeal against the order of acquittal. The apex court remanded the case back to the High Court, directing it to decide the matter afresh in accordance with law.
Disapproving the increasing tendency among the courts to pass orders without giving reasons, the apex court in its judgement dated February 22 noted, '' Judicial discipline to abide by declaration of law by this court, cannot be forsaken under any pretext by any authority or court, be it even the highest court in a state, oblivious to Article 141 of the Constitution of India.'' It also noted that reason is the heart beat of every conclusion and without the same it becomes lifeless. Failure to give reasons amounts to denial of justice. Even in respect of administrative order, Lord Denning had observed that the giving of reason is one of the fundamentals of good administration.
'' The emphasis on recording reasons is that if the decision reveals the inscrutable face of the sphinx, it can, by 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,'' it added.
UNI AKS/SC AE DS1405