scdirectiontocourt6

The Supreme Court, in its judgment in a suo motu case against a judgment delivered by the Calcutta High Court, emphasized that a judgment must be written in simple language and should not be verbose. The Court also said that a judgment of the Court cannot contain the Judge’s personal opinions on various subjects. The Calcutta High Court, in the impugned judgment, had made remarks related to the biological rationale behind sexual urges in female adolescents.The Court noticed that the impugned judgment contains personal opinion of the Judges advice to the younger generation and advice to the legislature. The Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan said,:”There are several statements and conclusions in the impugned judgment which, to say the least, are shocking. Perversity is writ large on the face of the judgment, which can be seen in several paragraphs of the impugned judgment.”

The court also briefly explained how to and how not to write a judgment.

1. Judgment must be in a simple language.
2. The conclusions recorded by the Court in the judgment on legal or factual issues must be supported by cogent reasons.
3. Court can always comment upon the conduct of the parties. However, the findings regarding the conduct of the parties must be confined only to such conduct which has a bearing on the decision-making.
4. A judgment of the Court cannot contain the Judge’s personal opinions on various subjects. Similarly, advisory jurisdiction cannot be exercised by the Court by incorporating advice to the parties or advice in general.
5. The Judge has to decide a case and not preach. The judgment cannot contain irrelevant and unnecessary material. Also Read – Consumer Protection Act| Dominant Purpose Of Transaction Is To Be Looked Into To Find Out If It Had Any Nexus With Profit Generation As Part Of…
6. A judgment must be in simple language and should not be verbose. 7. Brevity is the hallmark of quality judgment. Judgment is neither a thesis nor a piece of literature. The Court further observed that when a Court deals with an appeal against an order of conviction, the judgment must contain: a concise statement of the facts of the case,

• •  The nature of the evidence adduced by the prosecution and the defence, if any,
  • The submissions made by the parties,
  • The analysis based on the reappreciation of evidence, and
  • The reasons for either confirming the guilt of the accused or for acquitting the accused. “The appellate court must scan through the evidence, both oral and documentary, and reappreciate it. After reappreciating the evidence, the appellate court must record reasons for either accepting the evidence of the prosecution or for disbelieving the evidence of the prosecution. The Court must record reasons for deciding whether the charges against the accused have been proved. In a given case, if the conviction is confirmed, the Court will have to deal with the legality and adequacy of the sentence. In such a case, there must be a finding recorded on the legality and adequacy of the sentence with reasons”, it added.