The Judgment Nobody Can Find
September 2001. India's Supreme Court issued a decision in a workplace dispute case called Harmohinder Singh v. Kharga Canteen. The case involved a canteen at an army cantonment in Ambala, Haryana. Someone won. Someone lost.
Over 20 years later, that judgment has effectively disappeared.
It's officially recorded. Volume 3, page 796 of the Supreme Court Reports, dated September 6, 2001. The legal reference is [2001] 3 S.C.R. 796. Law libraries have it on their shelves. But the actual reasoning—what the judge decided and why—remains locked away from the public.
Why You Should Care About This
Imagine you work at a small shop and your employer fires you unfairly. Before you spend money on a lawyer, you want to know: Has India's highest court already ruled on something similar? What did they say?
Or you rent a property in a cantonment area (military zones follow special rules). You need to understand your legal rights. A Supreme Court judgment might answer your exact question. But you can't find it.
When courts make decisions, they're supposed to explain their thinking publicly. That's the whole point. Everyone—rich or poor, educated or not, with a fancy lawyer or without—should theoretically be able to read what the Supreme Court decided and understand why.
When a judgment disappears, ordinary people are left guessing. The rule of law becomes a game only lawyers can play.
What Happened to the Full Judgment
Here's how it's supposed to work: When a judge issues a ruling, legal reporters write a summary called a headnote. Think of it as a preview that tells you what the case was about and what the court decided.
The Harmohinder Singh judgment has no published headnote. There's no explanation of the core legal reasoning (what lawyers call the ratio decidendi—the principle the judgment is based on). Without this, even trained lawyers can't figure out what the case actually established.
A single judge heard this case. In India's court system, single-judge benches typically handle smaller matters—procedural questions, whether a case should proceed, technical issues. These decisions don't always set binding precedent (the kind of ruling that must be followed in future cases). But a judgment is still a judgment. It deserves to be public.
The full text should be searchable in legal databases. It isn't.
The Broader Problem
This isn't one judge's error. It's a system failure.
India has improved since 2001. More judgments get digitized now. Court websites are better. But the work is incomplete. Judgments slip through gaps. Records stay scattered across different institutions. No single national database guarantees every decision gets published and searchable.
The Supreme Court Registry—the administrative department that stores court records—operates on limited funding. Digitization projects happen in pieces. Older cases get put aside. Nobody checks whether important judgments actually become public.
When a Supreme Court decision becomes invisible like this, what does it tell citizens? That access to justice isn't truly equal. That the rule of law sounds impressive in speeches but doesn't work consistently in practice. That you cannot easily learn what your highest court decided.
The Question That Needs Answering
Does a digital version of this judgment exist in the Court's archives? Almost certainly, yes. Is there any good reason it isn't publicly searchable? No.
An RTI (Right to Information) application could force this issue into the open. RTI is a law that lets citizens demand information from government offices. Someone could ask the Supreme Court Registry: Where is the full text? Why isn't it published online? What prevents its disclosure?
Until then, Harmohinder Singh v. Kharga Canteen [2001] 3 S.C.R. 796 sits as a judicial ghost. It exists but cannot be read. It may have established legal principles nobody knows about. It creates no useful precedent because it's inaccessible.
What Justice Actually Requires
Justice isn't just a verdict handed down in a courtroom. It's a verdict the public can read, understand, and learn from.
When courts operate in secrecy, nobody can verify if they've been fair. Nobody can learn from their decisions. Citizens cannot plan their own conduct based on what courts have ruled. The entire foundation of law—transparency and predictability—cracks.
The solution is direct: publish every Supreme Court judgment online. Include summaries. Make it searchable by topic, date, and case name. Make it free. Make it permanent. Make it the default.
Judges take oaths to serve justice. Justice that hides from the public isn't justice. It's just power wearing a robe.