“Pass an order which we can understand,” - SC to Bombay HC while remitting a case
In a brief but embarrassing order, the Supreme Court has set aside an order of Bombay High Court after it failed to understand it and has asked the court to pass an order that is ‘comprehensible and can be understood’ by it.
“On perusal of the impugned order, we find it is unintelligible and we could not decipher what has been decided by the High Court. We, accordingly, set aside the order and remit the matter to the High Court. We request the High Court to pass an order which we can understand,” reads the order from the SC bench of Justice Deepak Gupta and Justice Aniruddha Bose.
The SC bench was hearing a special leave petition (SLP) questioning the Bombay High Court’s two-page order in a criminal writ petition heard by the Aurangabad bench.
The two-page Bombay High Court order issued by Justices K.K. Sonawane and T.V. Nalawade, indeed seems incomprehensible. Here is what the order of 19th August 2019 says:
“Learned A.P.P is to collect the information from the concerned regarding present stage of the Investigation which started in Crime Register No. 88 of 2016. The submissions made show that the investigating officer has formed opinion that as it is “B” summary case but his report is not approved by the superior officer. Directions are given to make more investigation on the points given by superior officer and that is going on”.
“The submissions made show that the case filed against the present petitioner for the offence punishable under Section 324 read with Section 149 of the Indian Penal Code and it is at the stage of the final argument of the matter. As investigation in Crime Register No. 88 of 2016 is not completed, there is no question of taking cognizance of the offence allegedly committed against the present petitioner by other side. It was always open to the present petitioner to bring on record the relevant circumstances which can be said to be in favour of the petitioner. For that, the proceeding of Sessions case which is on the verge of the completion and decision cannot be stalled. As the present proceeding is premature in respect of Crime Register No. 88 of 2016. Present proceeding is also disposed of.”
The decision has sparked a much discussion and amusement on social media, with someone tweeting - “loving the sense of humour” of the SC bench. Deepak Shenoy, founder of Capitalmind, was sympathetic with the SC bench tweeting,
Senior Advocate Menaka Guruswamy said,
Retd. Maj. Gen. S.G. Vombatkere asked,
One a sober note though, the order reflects yet another sad aspect of India’s justice system, where litigants needed to approach the apex court to ensure a comprehensive order. Now that the matter has been remanded back to the high court, it only means further delay until the issue is decided.