Chief Justice of India (CJI) B.R. Gavai has made a noteworthy remark regarding a now-retired judge of the Punjab and Haryana High Court, Justice Sureshwar Thakur. During a recent court session, CJI Gavai stated that the Supreme Court had consistently overturned every decision made by Justice Thakur that was challenged before it. He added, "Fortunately, he has demitted office,".
The CJI's comments came during the hearing of appeals filed by three men against a murder conviction delivered by a Punjab and Haryana High Court bench led by Justice Thakur on October 1, 2024. In that judgment, the High Court had reversed the trial court's acquittal and convicted the accused.
Advocates Sidharth Dave and Narender Hooda, representing the accused and complainant respectively, admitted to facing difficulties in understanding Justice Thakur's judgment. When CJI Gavai suggested that the matter be reheard by the High Court, both lawyers concurred. Advocate Hooda noted that numerous verdicts by Justice Thakur had been overturned by the Supreme Court. CJI Gavai clarified, "It is not 'many'. Every decision of the judge, which was challenged in the Supreme Court, had been overturned. Fortunately, he has demitted office". Justice Sureshwar Thakur retired on May 17, 2024.
To highlight the issues with Justice Thakur's judgments, the bench referred to a paragraph from his October 1 judgment, which read: "Consequently, when therebys the above evident facts rather do not fall foul of the above stated/underlined principles in the verdicts (supra). Consequently, both the disclosure statement, and, the consequent thereto recoveries, when do become efficaciously proven, therebys theretos immense evidentiary tenacity is to be assigned".
The Supreme Court's observations underscore the challenges arising from judgments lacking clarity and coherent reasoning. The apex court emphasized the critical importance of precise judicial drafting for the fair administration of justice. The Supreme Court set aside the High Court's order and sent the matter back to the High Court for a fresh hearing of the appeals. The bench, which also included Justice K. Vinod Chandran, stated that despite their best efforts, they could not understand the reasoning in the judgments and orders.
The Supreme Court has addressed issues regarding judgments from the former Punjab and Haryana High Court judge, noting consistent reversals of his decisions. The judge, Justice Sureshwar Thakur, retired in May 2024. The Supreme Court recently set aside another controversial verdict, remitting the case for further consideration.
Another judgment by Justice Thakur, which declared a provision of the National Highways Act unconstitutional, had previously created complications.
It is important to note that Justice Augustine George Masih, another judge who served on the Punjab and Haryana High Court, was elevated to the Supreme Court of India on November 9, 2023, and is due to retire on March 11, 2028. CJI B.R. Gavai is due to retire on November 23, 2025.