Procedure to appeal against an unreasoned order of Supreme Court


The Hon'ble Supreme Court has been pleased by an un-reasoned order , set aside a reasoned order of Hon'ble Calcutta High Court, wherein the bail of a person who left India with out permission from the Court, was cancelled by the Hon'ble High Court. As I under stand that any order which is not reasoned one, is not an order, is there any way to appeal against the said order of the Hon'ble Supreme Court ?

Answers (4)


240 votes

RELEVANT LEGAL PROVISION PERTAINING TO THE QUERY:

SUPREME COURT RULES 2013
I
"GENERAL

ORDER I

INTERPRETATION,ETC.

2.(1) In these rules, unless the context otherwIse requires -

(k)'Judgment' includes decree, order, sentence or determination of any Court, Tribunal, Judge or Judicial Officer;"

II.
"ORDER XII

JUDGMENTS, DECREES AND ORDERS

I.The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or on some future day, of which due notice shall be given to the parties or their advocates on record, and the decree or order shall be drawn up in accordance therewith.

2.A member of the Court may read a judgment prepared by another member of the Court.

3.Subject to the provisions contained in Order XLVII of these rules, a judgment pronounced by the Court or by a majority of the Court or by a dissenting Judge in open Court shall not afterwards be altered or added to, save for the purpose of correcting a clerical or arithmetical mistake or an error arising from any accidental slip or omission."

III
"ORDER XLVII

REVIEW

I. The Court may review its judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, rule I of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record.

The application for review shall be accompanied by a certificate of the Advocate on Record certifying that it is the first application for review and is based on the grounds admissible under the Rules.

2. An application for review shall be by a petition, and shall be filed with in thirty days from the date of the judgment or order sought to be reviewed. It shall set out clearly the grounds for review.

3. Unless otherwise ordered by the Court an application for review shall be disposed of by circulation without any oral arguments, but the petitioner may supplement his petition by additional written arguments. The Court may either dismiss the petition or direct notice to the opposite party. An application for review shall as far as practicable be circulated to the same Judge or Bench of Judges that delivered the judgment or order sought to be reviewed.

4. Where on an application for review the Court reverses or modifies its former decision in the case on the ground of mistake of law or fact, the Court, may, if it thinks fit in the interests of justice to do so, direct the refund to the petitioner of the court-fee paid on the application in whole or in part, as it may think fit.

5. Where an application for review of any judgment and order has been made and disposed of, no further application for review shall be entertained in the same matter."

IV
The term "un-reasoned" order you are referring to is refered to as a "non-speaking" order in legal terminology.

ANSWER TO YOUR QUERY:

1. It appears from what you have mentioned, that, a Special Leave Petition (Criminal) was filed before the Supreme Court of India against the order for the High Court canceling your bail.

It appears that the Supreme Court has dismissed your petition for Grant of Leave.

2. There is no statutory requirement for an order of the Supreme Court to be a Speaking Order.

3. Although in law the consequences of a simple dismissal, dismissal on merit, dismissal on delay and dismissal by way of a Speaking Order are different, they are however equally valid and binding.

4. There is no provision of appeal against an order of the Supreme Court.

REMEDY:

1. If there is an error apparent on the face of record you have the option of filing a REVIEW PETITION.

I have quoted the procedure and provisions pertaining to REVIEW PETITION at the top.

2. If the order doesnot qualify the conditions for a REVIEW PETITION, the only other option available in such a case is of filing a fresh bail application in case there is a "Change of Circumstance."


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249 votes

Hi, I hope that you are doing great! I am assuming that you have challenged the High Court order before the Supreme Court under Art.136 by way of a Special Leave Petition. And as far as I gather from your query, the HC order was set aside by a non-speaking (without reason) order of the Supreme Court. Well, in such a case, you can always file a review petition before the Supreme Court. You are right that a non-speaking order is not a law of land under Art.141 of the Constitution. However, in review petition the scope of challenge would be very narrow and you have to satisfy the requirements to make the court exercise its review jurisdiction under art.137.

I hope that this answers your query. For any further query, please write to me with more clarity. Regards.

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257 votes

The Supreme Court is the highest court of India, whatever it decides is final and binding. Procedure of appeal is not there against an order of Supreme Court, however you can file revision against the order in Supreme Court itself. Plz contact m for further advise

100 votes

Supreme court has power to pass non speaking orders but it is in cases where SLP is dismissed in limine.where high court order is reversed, it must be a speaking order.The remedy is only a review petition followed by curative petition if relief is not granted in the review petition.

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