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Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.

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Saturday, March 15, 2008

Verdict sans reason lifeless: apex court

Right to reason indispensable part of judicial system
Affected person must know why verdict is adverse
New Delhi: The requirement of indicating reasons in High Court judgments has been judicially recognised as an imperative. For, reason is the heartbeat of every conclusion and without the same, it becomes lifeless, the Supreme Court has said.
“The right to reason is an indispensable part of a sound judicial system; reasons at least sufficient to indicate an application of mind to the matter before court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made,” said a Bench consisting of Justices Arijit Pasayat and P. Sathasivam
In the instant case, the Uttarakhand government dismissed Sunil Kumar Singh Negi, a daily wager in the Horticulture Department. On his petition, a Labour Court directed it to reinstate him but the government challenged this order. A judge of the High Court, who dismissed the appeal, said: “I have perused the order, dated May 27, 2005, passed by the labour court and I do not find any illegality in the order so as to interfere under Article 226/227 (writ jurisdiction) of the Constitution. The writ petition lacks merit.”
Allowing the State’s appeal against this judgment, the Supreme Court Bench said: “The absence of reasons has rendered the High Court order not sustainable. The order of the High Court is set aside and we remit the matter to it for fresh disposal in accordance with law by a reasoned order.”
J. Venkatesan
The Hindu, Friday, Mar 14, 2008

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