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A Judgment Must Be Ordinarily Pronounced Within Three Months Of A Case Being Reserved For Any High Court: SC

It is definitely a matter of utmost significance to note here that the Apex Court in a most learned, laudable, landmark, logical and latest judgment titled Pila Pahan @ Peela Pahan vs The State of Jharkhand in [W.P.(Crl.) No. 169/2025] that was pronounced finally on May 29, 2026 has issued a comprehensive set of binding directions to all the High Courts across the country to address delays in pronouncement of reserved verdicts and ensure timely delivery of judicial decisions, particularly in matters concerning personal liberty, bails and criminal appeals. It is most refreshing to note that the Apex Court mandated in this leading case that, “The High Court shall display extra promptitude in pronouncing judgments and orders in matters of personal liberty, regular bail, anticipatory bail, criminal appeals, verdicts where convicts are in custody, death references, etc. Bail applications should be heard and orders should preferably be pronounced and uploaded on the same day. In the event the order is reserved, it should be pronounced on the next day and uploaded to the website”. Very rightly so!

We need to observe that the Apex Court acknowledged that delays in the delivery of judgments can cause irreparable harm to the litigants. It merits noting that while underlining that faster decisions are required in cases of personal liberty, a Bench of Apex Court comprising of Hon’ble Mr Chief Justice of India Surya Kant, Hon’ble Mr Justice Joymalya Bagchi and Hon’ble Mr Justice Vipin M Pancholi said that orders in bail applications should be pronounced the same day, and if they are reserved, they must be pronounced and uploaded the next day. This must be implemented most strictly as directed by the top court in this leading case.

It was also held that a judgment must be ordinarily pronounced within three months of a case being reserved by a verdict by any High Court, with faster timelines in cases involving personal liberty. While issuing a slew of most commendable directions, the Apex Court said that the order of bail or sentence suspension should be communicated to the jail authorities as soon as it is pronounced, and the under-trial convict should be released, preferably the same day or at most the next day. We need to note that the pertinent issue of delayed judgments has been under the Supreme Court’s scrutiny for several months.

In hindsight, it may be recalled that in November 2025, the Apex Court had directed all the High Courts to furnish reports detailing the dates on which judgments were reserved, pronounced and uploaded to official websites. For the uninitiated, the Apex Court was hearing an application complaining of delays in the upload of a High Court judgment. The application said that the Jharkhand High Court had pronounced the judgment in December 2025, but the ruling was yet to be uploaded on its website or released to the litigant’s counsel. The Apex Court had also earlier directed the Jharkhand High Court to ensure that the judgment referred to in the application is made available this week.

By the way, it must be borne in mind that the directions were issued while hearing a petition concerning delays in the pronouncement of criminal appeals that had been reserved by the Jharkhand High Court. The petitioners argued that appeals which had been reserved in 2022 had remained undecided for years, violating their right to a speedy trial under Article 21 of the Constitution. No denying or disputing it!

It may be recalled that the Apex Court had earlier warned that such practices of delays in delivering judgments must come to an end, adding that it will issue guidelines to tackle the problem. The top court had explicitly said that such delays cannot be allowed to continue at the cost of justice. Absolutely right because as goes the old adage that, “Justice delayed is justice denied.”

It must be taken into account that the CJI Hon’ble Mr Justice Surya Kant, who earlier was a Judge of the Punjab and Haryana High Court and the Chief Justice of Himachal Pradesh High Court also revealed regarding this delay in delivering judgments that he and his fellow judges would deliver judgments within three months after the conclusion of arguments. The CJI said that, “In my 15 years as a High Court Judge, never ever did we reserve a judgment and not deliver judgment within three months.” This is truly laudable what CJI has disclosed and every Judge must undoubtedly emulate such time limit within which to deliver judgments and refrain from delay in delivering judgments as has been underscored in this noteworthy judgment also!

Quite significantly, it would be worthwhile to note that the Apex Court has also been monitoring compliance with its earlier order directing all the High Courts to clearly record three key dates in every certified copy of their judgments – the date of reservation, the date of pronouncement and the date of uploading on the court website. It is also worth noting that each High Court had been asked to submit:

1. The existing mechanism by which it brings into public domain the dates of reservation, pronouncement and uploading of judgments;

2. The details of all judgments reserved after January 31, 2025, including their dates of pronouncements and uploading up to October 31, 2025; and

3. Suggestions for standardizing the format and improving disclosure practices.

Most significantly, a slew of most commendable directions were issued by the Apex Court in this leading case to operate as “binding directions” to ensure that there is no unnecessary delays in pronouncing judgments which are as follows: –

1. Where judgment is reserved in a matter, the judgment has to be pronounced within three months of reserving it for a verdict. Faster decisions are expected in matters involving personal liberty.

2. Bail application orders ideally should be pronounced on the same day, or at the latest within the next day if the verdict is reserved.

3. Bail orders to be promptly communicated to jail authorities, on the same day as its pronouncement.

4. Undertrial prisoners are to be released the same day of bail being granted or, at the latest by the next day.

5. The trial court must inform the concerned High Court of compliance in such matters.

6. When a judgment is pronounced, it is sufficient that the operative part of it be pronounced in open court, but the detailed judgment with reasons is to be uploaded within seven days.

7. Necessary changes to be made to the High Court website by the Chief Justice of the respective High Courts to comply with these guidelines.

8. If judgments are not pronounced within three months of it being reserved, the registrar general shall place the case before the High Court Chief Justice. The Chief Justice may then give another two weeks for the judgment’s pronouncement. If this extended timeline is still not complied, the case is to be allocated to another Bench.

9. If reasons are not uploaded within 15 days from the pronouncement of operative part, then an application can be moved for the same. If they are not uploaded within 30 days, then an application can be made to withdraw the case and take it to another Bench for hearing.

10. After conclusion of arguments, the judgment reserved date shall reflect on High Court website.

It would be instructive to note that the Division Bench then hastens to add noting that, “The Registrar General of High Courts have been directed to place these guidelines before the Chief Justices of the respective High Courts.”

For sake of clarity, the Apex Court Bench clarified that, “These guidelines were designed strictly to facilitate, rather than criticize, the discharge of these heavy constitutional duties, expressly stating that the directives contained no adverse reflections on the conduct of any individual High Court judge.”

Before concluding, the Supreme Court placed these guidelines within the unique context of the immense burdens borne daily by the Indian High Courts. Acknowledging their exceptionally wide jurisdiction under Articles 226 and 227, the Court praised the judges who routinely navigate massive dockets stretching past a hundred matters a day, often sitting well beyond regular hours to balance urgency against sheer volume. It was most remarkably held by the Apex Court that, “In a nation of India’s size and demographic heterogeneity, it is perhaps inevitable that the High Courts serve as the principal judicial fora to which citizens flock in large numbers across regions and social circumstances seeking protection of the law. The judges of the High Courts bear their obligations day after day under conditions that few judicial institutions elsewhere may be called upon to endure, often carrying rosters that extend far beyond a hundred matters a day. Such circumstances have created an environment in which judges are required not only to adjudicate competing claims in accordance with the law but also to constantly weigh urgency against volume so that no case remains unattended for want of judicial time.”

Be it noted, as per the status reports filed by the Registrar, Jharkhand High Court, there were 56 matters, including some Criminal Appeals, where the Division Bench of the High Court has heard the matters on different dates ranging from 04.01.2022 till 16.12.2024 but the final pronouncements are still awaited. While hearing the matter, the top court noted that the Indian Express – a daily newspaper has today reported under the caption “After SC rap, HC decides 75 criminal appeals in a week”, that the Jharkhand High Court has decided 75 Criminal Appeals in a week after the Apex Court sought information. Consequently, on May 05, 2025, the Apex Court directed the Registrar General of all the High Courts to submit a Report in respect of those cases where the judgments were reserved on or before 31.01.2025 and where the pronouncement of judgments was still awaited. The Court had also referred to its decision in the case of Ratilal Jhaverbhai Parmar vs. State of Gujarat (2024) and underscored that the Supreme Court had observed that the reasons ought to be uploaded within five days of the pronouncement of the operative part.

All told, the Apex Court in its concluding part very rightly held that, “Consequently, we directed the Supreme Court Registry to circulate a copy thereof to the official emails of all High Courts for their respective suggestions, and the matter was thereafter reserved for orders. Having considered the material on record along with the suggestions received from several High Courts in response to the draft guidelines circulated by the Amicus Curiae, we are of the view that this is a fit case warranting this Court’s intervention under Article 142 of the Constitution for doing complete justice to the parties. Such intervention is necessary to formulate uniform guidelines to address delays in pronouncing reserved judgments across all High Courts in the country.” It is high time and all the High Courts in India must definitely now pay heed to what has been so indubitably held by the Apex Court that a judgment must be ordinarily pronounced within three months of a case being reserved for any High Court. No denying or disputing it!

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