Setting aside the high court’s “impugned order”, a bench of Justices Abhay S Oka and Ujjal Bhuyan on Tuesday said, “It is evident that even after the learned judge left office, they prepared reasons and finalised the judgement. Holding onto a case file for five months after leaving office is a clear act of impropriety.”

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NewsLawSupreme Court overturns Madras High Court order passed after judge’s retirement
Supreme Court overturns Madras High Court order passed after judge’s retirement
The Supreme Court has overturned an order passed by the Madras High Court which was rendered after the said judge had retired from his services. The order, however, was orally pronounced by the high court judge during his tenure.
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The top court overturned the order stating ‘justice must not only be done, but must also be seen to be done’. (File Photo)

Kanu Sarda
New Delhi,UPDATED: Feb 20, 2024 23:39 IST
Edited By: Srishti Jha
In Short
Supreme Court overturns Madras High Court judgement.
Reasoned order was published five months post-retirement of judge.
CBI appealed to Supreme Court post chargesheet quashing.
The Supreme Court has overturned a judgement passed by the Madras High Court, noting that the reasoned order was issued five months after the judge’s retirement and was published on the High Court’s official website afterward.

The top court also criticised the former high court judge for pronouncing a one-line order in a criminal case and releasing the detailed judgement five months after he retired from service.

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The Supreme Court noted that retaining the file of a case for five months after demitting office was an act of gross impropriety.


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Setting aside the high court’s “impugned order”, a bench of Justices Abhay S Oka and Ujjal Bhuyan on Tuesday said, “It is evident that even after the learned judge left office, they prepared reasons and finalised the judgement. Holding onto a case file for five months after leaving office is a clear act of impropriety.”

In the case wherein the order was passed, the Madras High Court had dismissed a chargesheet and acquitted the defendants in a criminal case. Although the operative part of the order was announced a month before the judge’s retirement, the detailed reasoning was not made public.

Justice T Mathivanan retired on May 26, 2017, and the detailed judgement was only published on the website on October 23, 2017.

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“The detailed judgement, spanning over 250 pages, was released five months after the judge’s retirement. It is evident that even after leaving office, the judge prepared the reasoning and finalised the judgement,” stated the Supreme Court in its ruling.

“Lord Hewart stated a hundred years ago that ‘justice must not only be done, but must also be seen to be done’. The actions taken in this case contradict Lord Hewart’s principle. We cannot condone such improprieties,” the top court underlined.

Justice Mathivanan had quashed a chargesheet filed by the investigating agency (CBI) against businessman Naresh Prasad Agarwal of Chennai in a Rs 113 crore cheating case. Following this, the CBI appealed to the Supreme Court.
Published By:
Srishti Jha
Published On:
Feb 20, 2024
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