Supreme Court: "Law Must Be Laid Down, Courts Can't Recall Orders Without Hearing Parties Or Giving Reasons"

Thank you for reading this post, don't forget to subscribe!

The Supreme Court emphasized the need for a clear legal framework to prevent courts from recalling orders without hearing the parties involved. It stated that such actions must adhere to the principles of natural justice. Courts are also obligated to provide valid reasons when deciding to withdraw an order. The ruling aims to enhance transparency and accountability in judicial processes.

New Delhi: The Supreme Court emphasized that courts must not retract their orders without first hearing from the involved parties or providing justifications for the reversal, as this practice could undermine public trust in the judiciary.

Justice A.S. Oka, leading a Bench that included Justice N. Kotiswar Singh, stated that while judges have the authority to rescind their decisions if they identify issues, there is a need for clear legal guidelines.

Insisting that cases should be listed for hearing prior to any recall of an order, he remarked,

“The law must be laid down,”

He added,

“You just cannot recall your orders without hearing the parties. And you must provide reasons for deciding to go back on an order.”

The court’s comments came during a hearing of a petition filed by retired Director General of Police M.S. Jaffar Sait, who was represented by senior advocate Sidharth Luthra and advocate Ram Sankar. Mr. Sait contended that the Madras High Court had allowed his petition to dismiss a money laundering case against him on August 21, 2024, but the case was listed for “re-hearing” just two days later, on August 23, 2024.

Mr. Luthra pointed out,

“Though the order was pronounced on August 21, the matter gets listed on August 23.”

In response, Justice Oka expressed concern, stating,

“This cannot be countenanced at all… Today, you simply allow a petition without hearing and no reasons are recorded. The next day, the matter is fixed for re-hearing…”

The court has scheduled a detailed hearing for January 22.

Mr. Sait had approached the High Court to quash the Enforcement Case Information Report against him, arguing that the charges under the Prevention of Money Laundering Act (PMLA) were invalid since the chargesheet for related offences had already been dismissed by the High Court in 2019.

The Supreme Court, acknowledging the gravity of the issue, scheduled the case for a detailed hearing on January 22, 2024. The Court’s observations underline the critical need for judicial accountability and adherence to due process, particularly in cases where decisions affect fundamental rights and public confidence in the legal system.