Chamber Research By The Judges Post Conclusion Of Hearing – Whether Justified?

Recently, it has been observed that some Judges undertake Chamber Research after the conclusion of the hearing but before the pronouncement of the final order. This may have an impact on the outcome of the case. Whilst it may be justified in some genuine cases, as highlighted in the conclusion, it may seriously vitiate the principle of natural justice, if the affected parties are not given an opportunity of being heard again. This article throws light on the tenability or otherwise, of such research and various aspects of this issue with the relevant judicial pronouncements.

When the hearing of a case has been concluded before a Tribunal or a Court, sometimes the parties to the dispute are shocked when they see in the final order that certain issues, factual or legal, including certain decisions, are contained in the order, which were neither discussed nor cited by any of the parties to the dispute nor were they put forward before the parties by the Judges during the course of hearing of the case. These factual or legal issues may have proven to be the turning point of the case heard by the Judges, causing serious prejudice to one of the parties to the dispute, who did not get an opportunity of being heard in respect of the said factual or legal issue, including any decision, coming to the mind of the Judges after the conclusion of the hearin