Delhi HC Orders Timely Pronouncement Of Reserved Judgments Post-Transfer, Prohibits Rehearing By Successor Judges

In a decisive move to improve judicial efficiency, the Delhi High Court has directed all trial court judges in the capital to deliver judgments or orders they had reserved before their transfer within 2-3 weeks of taking on their new role.

This ruling emphasizes that successor judges should not rehear such cases, ensure judicial continuity and prevent delays.

Judges Must Complete Pending Judgments Before or Shortly After Transfer

Justice Swarana Kanta Sharma highlighted that once a case has been reserved for judgment, it is the duty of the judge who heard it to finalize and pronounce the judgment, even if they have been transferred.

“The successor Court must not list the matter for re-hearing… it should be sent to the District Judge for being placed before the Presiding Officer who had reserved the judgment,” the Court specified. This approach is designed to avoid unnecessary confusion, delays, and the decline of public trust in the judicial process.

Background

This directive arose while dismissing the revision petition of B.D. Sharma, convicted under Section 138 of the Negotiable Instruments Act. Sharma argued that he was deprived of a fair chance to present his case.

However, the Court found that he had been afforded 20 opportunities to argue, with several adjournments caused by changes in legal representation and incomplete documentation.

A procedural error was uncovered during the proceedings: after the original judge reserved the judgment, her transfer led the succeeding judge to list the matter again for fresh hearing—contrary to the established judicial protocol. The High Court’s judgment now strictly prohibits this practice.

New Guidelines To Prevent Recurrence Of Delays

To eliminate such procedural lapses going forward, the Court set out specific instructions:

Judges who are transferred must submit a list of all reserved but unpronounced judgments to the District Judge before their departure.

These judgments must be pronounced within 2 to 3 weeks following the judge’s transfer.

District Judges are responsible for providing the required administrative support to ensure compliance.

The cause lists of both outgoing and incoming courts must clearly indicate the dates for pronouncing reserved judgments.

The ruling has been circulated to all District & Sessions Judges in Delhi and incorporated into training programs at the Delhi Judicial Academy, underlining its significance.

Court Criticizes Delays & Upholds Timely Justice

Rejecting Sharma’s request for remand, Justice Swarana Kanta Sharma observed, “This is a classical case where delay was caused both by the accused and the oversight of the Presiding Officer.”

The Court also highlighted that the complainant, a senior citizen, was denied the prompt justice she deserved due to these avoidable delays.

Read More: Supreme Court, Delhi High Court, States High Court, International