Oral hearing is an important ingredient of the justice delivery system-An open court proceeding ensures that the judicial process is subject to public scrutiny- Public scrutiny is crucial to maintaining transparency and accountability-.Transparency in the functioning of democratic institutions is crucial to establish the public‘s faith in them……..- Successor Judge -Has to give oral hearing before passing the order. [CPC, Order XVIII Rule (2)]

Judgment is a personal assessment by the Judge of the evidence and application of law on the facts and evidence that may have been brought on record for deciding a case. The justice delivery system would be reduced to naught if the successor Judge who takes over a case before delivery of judgment is not afforded the opportunity to hear the oral submissions of the parties. Court observed that provisions of CPC it is clear that oral hearing is an important ingredient of the justice delivery system. The importance of “oral argument” was discussed and highlighted by the Hon’ble Supreme Court in Mohd. Arif @ Ashfaq v. The Registrar, Supreme Court of India and Ors., (2014) 9 SCC 73, wherein it was observed that though in a different context relating to review petition regarding the death sentence, that oral submission by skilled advocate can effectively draw the attention of the court to the most relevant factors, mitigating factors which might possibly be overlooked if Judges are only required to consider written arguments/pleadings.

The inimitable expression of Justice Krishna Iyer, J. in P. N. Eswara Iyer Vs. The Registrar, Supreme Court Of India, (1980) 4 SCC 680 in para 23 thereof, have been quoted in the aforesaid decision in Mohammad Arif (supra), as,

”23. The magic of spoken word, the power of the Socratic process and the instant clarity of the bar-Bench dialogue are too precious to be parted with……………”
Court also referred the Judgement in Chief Election Commissioner of India v. . M.R. Vijayabhaskar and Ors., 2021 SCC OnLine SC 364, wherein Hon’ble Supreme Court observed in para No. 20 thereof that oral arguments are postulate on an open exchange of ideas and it is through such an exchange that legal arguments are tested and analysed. It was further observed that arguments addressed before the court, the response of opposing counsel and issues raised by the court are matters on which citizens have a legitimate right to be informed. Para 20 reproduced hereinbelow.

“20. Courts must be open both in the physical and metaphorical sense. Save and except for in-camera proceedings in an exceptional category of cases, such as cases involving child sexual abuse or matrimonial proceedings bearing on matters of marital privacy, our legal system is founded on the principle that open access to courts is essential to safeguard valuable constitutional freedoms. The concept of an open court requires that information relating to a court proceeding must be available in the public domain. Citizens have a right to know about what transpires in the course of judicial proceedings. The dialogue in a court indicates the manner in which a judicial proceeding is structured. Oral arguments are postulated on an open exchange of ideas. It is through such an exchange that legal arguments are tested and analyzed. Arguments addressed before the court, the response of opposing counsel and issues raised by the court are matters on which citizens have a legitimate right to be informed. An open court proceeding ensures that the judicial process is subject to public scrutiny. Public scrutiny is crucial to maintaining transparency and accountability. Transparency in the functioning of democratic institutions is crucial to establish the public‘s faith in them………………….” (WP(C)/139/2019 dt. 27 -9 -2021)

CORAM: HON’BLE MR. JUSTICE N. KOTISWAR SINGH and HON’BLE MR. JUSTICE MANISH CHOUDHURY