The Supreme Court on Tuesday sent a strong message to high courts over the practice of reserving judgments and then failing to pronounce or upload them for months, stating that such delays strike at the very foundation of justice delivery.
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipin M. Pancholi said, “This is an identifiable ailment and it needs to end. It cannot be allowed to spread more in the interest of consumers of justice,” Chief Justice Kant observed.
The Court was hearing an application highlighting delay in uploading a judgment of the Jharkhand High Court, which had been pronounced in December 2025 but was still not available to the litigants and their counsel.
Senior Advocate Mukul Rohatgi, appearing for the applicant, said such practices undermined public confidence in the judicial system. “Some message has to go. This is playing with the majesty of law,” he submitted.
The Bench also took note of another concerning trend—matters being repeatedly listed for “There is another trend. where arguments are done. It is again posted for further directions. Again, a ceremony happens where parties appear. Again, some arguments and then again ‘posted for next date,'” Chief Justice Kant said.
Rohatgi argued that judges should refrain from reserving matters if they are unable to deliver judgments within a reasonable time. “Why reserve matters when you cannot deliver judgments? This trend of posting cases for clarifications needs to stop,” he said,
adding that his client apprehended that the High Court’s decision may have been influenced by the litigant’s earlier approach to the Supreme Court.
Acknowledging such concerns, the Chief Justice remarked that litigants naturally develop apprehensions when faced with unexplained delays. He informed the Court that the issue would be taken up during a meeting with all High Court Chief Justices scheduled for February 7 and 8. “We will try to find a solution so that such avoidable litigation ends,” he said.
Recalling his own tenure as a High Court judge, Chief Justice Kant added, “In my 15 years as a High Court judge, never ever did we reserve a judgment and not deliver it within three months.”
The Bench directed the Jharkhand High Court to ensure that the pending judgment is made available to the parties by the end of the week. The matter has been listed for further hearing next week, when the Court indicated it may issue comprehensive directions, including a Standard Operating Procedure, to curb such delays.