SLP: Judgement Reserved

Dear Friends, 

                  After the last long debate and pleading by both sides, the judges kept their judgement reserved today. The court hearing lasted for more than one and half hour.

                 What is worrisome now is that when the verdict of judgement is kept in abeyance, the judges have some differences in opinion or both the parties . . .  . . . .  . . . . . . . . . . . . . . . . . . . . .  .
have potentialities of winning the case.

                 Let me throw some light on why the judgement is reserved.

Q : What does it mean that the court has reserved its judgment?
A : When a court reserves the judgment, it means the matter has been kept in abeyance for a while. This is done after all the parties have completed their arguments and all the written submissions have been filed in the court.
Q: Why do judges reserve a judgment?
A : The judges reserve a judgment so they can write a judgment. One must understand that a judgment is not a single page order of few lines, the judgment contains the summery of arguments of both the parties, the law of the land, previous judgments on the issue, conclusion and the reasons for arriving on that conclusion. Judges need time to refresh in their memory, the arguments of each party, do research by reading previous judgments and judgments on similar issues in other countries and finally think about the reasons for arriving on a particular conclusion. This entire exercise is very laborious and time consuming.
Q : What is the normal time frame in which a judgment should ideally be delivered?
A : There is no fixed time frame for the judges to write judgments but six months is considered to be a reasonable time for passing a judgment. If a judge keeps a judgment reserved for more than six months, any of the party can mention to the Chief Justice about this.
Q : What happens to a reserved judgment if the judge retires?
A : If anything like this happens, the new bench will hear the matter afresh. A judge can not sign/pronounce a judgment after he retires.
Q : Is it necessary for a judge to reserve judgment in every case?
A : No! Its not at all necessary for a judge to reserve judgment in all the cases. Generally the court reserves the judgments in cases of extreme public importance, cases which will have greater impact on the polity of India, cases in which the courts are laying down some new law etc. In many cases, judges deliver the same day the arguments are complete.

         We may expect the verdict within this month. Best Luck.

Regards,

Yuvi