What to do if the judgement has been reserved and order has not been passed by the High Court?

First of all, what is 'Reserved Judgment'?

When the trial concludes and final arguments have been made by both parties, it is then time for the Judge to deliver the judgement. However, sometimes instead of delivering the judgment instantaneously, the judge "reserves" his order to be delivered at a later date. In such cases, we say that the 'Judgement has been reserved'.

So, why does the Judge reserve the Judgement?

Of course, before the judgement can be delivered, the judge too has to do his bit of homework. So he sets aside some time for himself to read, research and write the judgement.

So, how long can a judgement be reserved?

Well, here's some bad news. Neither the CPC nor the CrPC stipulates the exact deadline for the pronouncement of the judgement after it has been reserved. However, Section 353 Sub-section (1) of CrPC provides that the judgement in every trial in any criminal court of original jurisdiction, shall be pronounced in open court immediately after the conclusion of the trial or on some subsequent time for which due notice shall be given to the parties or their pleaders. Here "some subsequent time" suggests that the judgement would be passed without undue delay as highlighted by the Hon'ble Apex Court in Anil Rai's case. [Anil Rai v. State of Bihar - (2001) 7 SCC 318]

Moreover, it is true that for the High Courts, no period has been specified by the CPC or CrPC as to when the judgement will be delivered once the judgement has been reserved by the Hon'ble judge. However, the Supreme Court answered this question in Anil Rai's (supra) case, wherein amongst other things, the Hon'ble Apex Court was pleased to observe that:

"(iv) Where a judgement is not pronounced within three months [3 months], from the date of reserving it, any of the parties is permitted to file an application in the High Court with prayer for early judgement. Such application, as and when filed, shall be listed before the Bench concerned within two days [2 days] excluding the intervening holidays.

(v) If the judgement, for any reason, is not pronounced within a period of six months [6 months], any of the parties of the said lis be entitled to move an application before the Chief Justice of the High Court with a prayer to withdraw the said case and to make it over to any other Bench for fresh argument. It is open to the Chief Justice to grant the said prayer or to pass any other order as [he] deems fit in the circumstances.(sic)"

What happens if the judge retires?

If you remember the haste with which the Ayodhya verdict was pronounced since Chief Justice Gogoi was to retire, you would have no problem in appreciating the fact that a retired judge can obviously not deliver or sign on a judgement.

Thus, if a judgement has been reserved and the judge has retired, a fresh Bench will have to hear the matter.

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P.S. - Hope the above article has helped clarify doubts regarding reserved judgement. In case of any doubts, feel free to leave your query in the comment box below and I will try to answer the query to the best of my ability. Alternatively, you can email me at mallika_nawal@yahoo.com for resolution of your doubts.