Judicial Orders on Pre-Printed Proformas Without Application of Mind Deemed Unsustainable
In a significant judgment, the Allahabad High Court has quashed a summoning order passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The order was deemed unsustainable as it was issued using a printed proforma with blanks filled manually, lacking the necessary application of judicial mind. The judgment, delivered by Justice Madan Pal Singh, highlights the necessity for judicial orders to be reasoned and to reflect thoughtful consideration of the facts and applicable law.
The appellants, Raja @ Mohd Alam and another, challenged the charge-sheet and the summoning order dated November 23, 2022, issued by the Special Judge (SC/ST Act) in Kannauj. They argued that the order was passed mechanically, without the proper exercise of judicial discretion. The High Court concurred, citing previous judgments, including Ankit v. State of U.P., which criticized the practice of using pre-typed proformas for judicial orders.
The court emphasized that summoning an accused in a criminal case is a serious matter requiring careful judicial consideration. The judgment reiterates the High Court's stance against the use of printed proformas for judicial decisions, as such practices undermine the integrity and diligence expected in judicial proceedings.
The court directed the Special Judge to issue a new, well-reasoned order in the case, ensuring proper judicial application to the facts and relevant laws. This decision is expected to reinforce the standards of judicial practice and discourage mechanical decision-making in judicial proceedings.
Bottom line:-
Judicial orders cannot be passed mechanically by filling blanks in printed proformas. Such orders must reflect application of judicial mind.
Statutory provision(s): Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 14A, Sections 323, 504, 506 I.P.C., Section 3 (1) (da) of S.C./S.T. Act
Raja @ Mohd Alam v. State of U.P., (Allahabad) : Law Finder Doc id # 2888591
