The Supreme Court noted Tuesday that judgment writing is an art of skillful application of law and logic and that a court decision must be coherent, systematic and logical in order to reduce the facts to a logical conclusion.
The Supreme Court, while quashing an order of the Allahabad High Court order granting bail to a convicted murderer, said that the court’s opinion must be written in such a way that it clarifies in a convincing manner and proves that the verdict is just. and judicious.
A bench of judges DY Chandrachud and MR Shah said every verdict contains four basic elements: statement of material (relevant) facts, legal issues or questions, deliberation to reach a decision and the final decision.
“A judgment must be coherent, systematic and logically organized. It must enable the reader to trace the fact to a logical conclusion based on legal principles. It is relevant to examine the important elements in a judgment to fully understand the art. understand from reading a verdict,” the bench said.
The highest court said “judgment” means a court opinion that tells the story of the case, what the case is about, how the court resolves the case and why.
“Judgment is defined as any decision rendered by a court on any question or questions or matter between the parties in a proceeding which is proper in the court. It is also defined as the decision or judgment of a court in a judicial proceedings along with a judge’s reasoning leading him to his decision,” the statement said.
The court said that a judgment replicates the individuality of the judge and therefore it is indispensable that it is written with care and caution.
The bank agreed that while judges may be overloaded with pending cases and backlogs, at the same time quality should never be sacrificed for quantity.
“Unless the judgment is not in a precise way, it would not have a profound impact. There are some judgments that end up being overruled due to lack of clarity. Therefore, every time a judgment is written, it should have clarity about facts; about comments submitted on behalf of the rival parties; discussion of legal points and then reasoning and then the final conclusion and findings and then the operational part of the order,” the bank said.
The reasoning in the judgment must be understandable and logical, it said.
These comments were made by the Supreme Court while ruling on an appeal filed by UP resident Shakuntala Shukla against a Allahabad Supreme Court order granting bail to five suspects in a murder case.
The bank said that in the contested decision of the High Court there is a total lack of clarity about the submissions, what part of the order is submission, what part of the order is finding and/or reasoning.
“There must be clarity about the final relief that will be awarded. A party to the process must know what it has actually received as a final relief.
The aforementioned aspects should be kept in mind when writing the decision, which would also lighten the burden on the Court of Appeal.
“We have come across many judgments that do not clarify facts, reasoning and findings and often it is very difficult to appreciate what the judge wants to convey with the verdict and therefore cases have to be referred back for reconsideration,” the bank said.
It is therefore desirable that the ruling is clear, both with regard to facts and law, as well as with regard to the documents, findings, motivation and the ultimately granted relief.
The bank said the Supreme Court will be very slow in granting bail to the accused pending appeal who has been convicted of the serious crimes such as murder.
(Except for the headline, this story has not been edited by NewsMadura staff and has been published from a syndicated feed.)