CLEAR ORDERS

Source: The Hitavada      Date: 31 Jul 2018 11:56:31


 

 

 

 

 

 

 

 

 

TIME and again various papers on judgement writing by legal luminaries have stressed the dire need of brevity and clarity in writing to enable the parties involved in litigations understand the exact reason behind the order passed. Yet, the penchant for peppering their judgements with euphuism, literary flourishes and sometimes obscure writings by many courts make it difficult for the litigants to interpret the orders. Just a year ago, the Supreme Court had to set aside a Himachal Pradesh High Court judgement because it could not comprehend the contents. Floridity and vagueness in passing orders is a syndrome the legal fraternity has been dealing with for a long time. The apex court has yet again underlined the importance of passing a reasoned order to help the parties understand as to why they have won or lost the case. An order must contain the narration of bare facts of the case as well as legal principles applicable to the issues involved. This problem can be dealt at the law colleges and judicial academies so that the essence of the order is not lost in translation.

MISGUIDED YOUTH

ACCORDING to police data there is a disturbing trend of more and more young men joining militant ranks in Jammu and Kashmir. The trend has been more pronounced since 2014, a period that has seen a marked scaling up of militancy, aided and abetted by terrorist groups from Pakistan and the Pakistan Army. These youths are being misguided in the name of religion and lure of easy money. What is disturbing is that quite a few of these misguided youths are educated. But the silver lining is that many of them have also returned home after realising their mistake and shunned violence to lead a normal life. The Army and the State police have done well to announce all help to youths who show willingness to shun the gun and leave militant ranks. According to the police, ever since the imposition of Governor’s rule in Kashmir, there has been a marked reduction in the number of missing youths who would otherwise join terror groups. Since families too are appealing to the youths to abandon the path of terror and return to normal life, hopefully this may be a temporary phase.