‘Write judgments with clarity on laws & facts’

‘Write judgments with clarity on laws & facts’

SC Concerned Over Some HC Judges’ Verdicts

AmitAnand.Choudhary@timesgroup.com

New Delhi:08.09.2021

The Supreme Court on Tuesday underscored the need for high court judges to be clear and precise on facts and laws while writing verdicts, saying that “it is not adequate that a decision is accurate, it must also be reasonable, logical and easily comprehensible”.

Expressing concern over some of the judgments written by HC judges, a bench of Justices D Y Chandrachud and M R Shah said it was very difficult to appreciate what the judge wants to convey through the judgment and the court is forced to remand the case for fresh consideration.

Observing that a verdict, delivered by Allahabad HC while granting bail to five life convicts, lacked clarity, the bench said that it is very unfortunate that the SC bench has to explain how the judgment should be written and and what should be contained in it. The SC set aside the bail orders.

“A judgment should be coherent, systematic and logically organised. It should enable the reader to trace the fact to a logical conclusion on the basis of legal principles. It is pertinent to examine the important elements in a judgment in order to fully understand the art of reading a judgment,” the bench said.

“The judgment replicates the individuality of the judge and therefore it is indispensable that it should be written with care and caution. The reasoning in the judgment should be intelligible and logical. Clarity and precision should be the goal. All conclusions should be supported by reasons duly recorded. The findings and directions should be precise and specific. Writing judgments is an art (and) involves skilful application of law and logic,” the bench said. Though the bench said that it is conscious that judges are overburdened with work, but said that quality can never be sacrificed for quantity.

“...whenever a judgment is written, it should have clarity on facts; on submissions made on behalf of the rival parties; discussion on law points and thereafter reasoning and the ultimate conclusion and findings and the operative portion of the order. There must be a clarity on the final relief granted. “ it said.

Observing that a verdict, delivered by Allahabad HC while granting bail to five life convicts, lacked clarity, the bench said that it is very unfortunate that the SC bench has to explain how the judgment should be written and and what should be contained in it