The Supreme Court was completely mystified by a HP High Court judgment, observing: ‘We are at our wits’ end
Highlights By: Balbir Singh Sooch-Sikh Vichar ManchThe trial court’s judgment, which was more lucid than a judgment by the Himachal Pradesh High Court, hence back to the High Court, with a direction to rewrite the judgment in comprehensible language.
A two-member Bench of the Supreme Court has been left so utterly bewildered by the language used in a judgment by the Himachal Pradesh High Court that it remarked: ‘Is this in Latin?’
The Bench of Justices KM Joseph and PS Narasimha observed that they might have to send the matter — pertaining to a property dispute — back to the High Court, with a direction to rewrite the judgment in comprehensible language.
Heading the Bench, Justice Joseph asked the counsel for the appellant if he could figure out what the HC judgment said, but he too was helpless as he could understand only parts of it;
And could explain the matter only with the help of the trial court’s judgment, which was more lucid.
The counsel for the appellant said, he could explain the matter only with the help of the trial court’s judgment, which was more lucid.
Solution:
As Mahatma Gandhi, one of the most effective mass communicators of the 20th century, discovered, the most powerful ideas become accessible to the common man if they are presented in a simple, direct and concise manner.
In the matters of the courts, the language must be specific, direct and precise — verbosity, ambiguity and obscure allusions must be eschewed so that a litigant could understand at least the essence of a judgment with ease.
The focus must be on the poor litigant. This aspect must be emphasised upon at law schools and judicial academies. Lucidity must be the soul of court judgments. https://www.tribuneindia.com/
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Highlights Forwarded By: Balbir Singh Sooch-Sikh Vichar Manch
http://www.sikhvicharmanch.