The art
of judgment writing
The end product of a trial, in a
court of law, is the judgment. It is the only allowed interaction of a judge
with people. However, there are certain characteristics of good judgment. The
procedural law (Code of Criminal Procedure, 1898) provides under its section
367; what a good judgment should have. Yet, it does not provide that what a
good judgment should not have. True, there is no clear-cut rule of writing a judgment. Yet, what a good judgment should have and should not have in it; it
is an open question that needs to be answered.
Before to analyze what are the
requirements of good judgment. It should be defined and explained. A judgment can be defined as a ground for the decision. It the decision of court
resolving the disputes between the parties; or on a criminal side, it is the
determination of guilt. In simple words, it is the application of law upon the
conclusion of facts. It is based upon the points for determinations, decision
and the reasoning behind it.
Foremost, a good judgment stands on
three main pillars: one, points for determination; second, the decision thereon;
and third, reasons for the decision. In simple parlance: the charge of crime
against the accused, the adjudication of the charge—trial resulted in
conviction or acquittal—and the reasons for its decision.
Furthermore,
good judgment must comprehensively analyze all relevant facts, should depict,
clear thinking, and then writing. Moreover, it should be self-contained,
unambiguous, conveniently intelligible. And it should be transparent like a
clean water; so that, people can understand it without any doubt and
probabilities. Lastly, it should be brief.
Besides, good judgment should be
based on evidence on record. No external material or any extraneous
circumstances can be considered in writing a judgment of a particular case. And
it should discuss the evidence, reasons, arguments, and materials from both
sides.
Likewise, a trial court is not
required to discuss and research the law. As it is a court, more of facts than
law. It deals with the facts; therefore, its judgment too must not leave any
important fact and introduce any extraneous one. The trial court’s judgment is
an answer to the question of fact and not of law. It is the job of superior
courts to expound the law.
And, it should be plain and easily
understandable. If the judgment is in the English language, the use of oriental
words should be avoided. Moreover, the poetic allusions should also be avoided.
Now, what judgment should not
have. Foremost, as it is said that “brevity is the soul of wit”, so it should
not be too long and boredom. Since, it is the quality, not the quantity, which
produces good judgment. Yes, it should not leave any important fact; however,
it should not be unduly long, repetitive and unbridled.
Generally,
the judges do not have to worry about the interests of the readers, but they
should have it. And usually, the judges in our country have an inclination for
tracing the history of the case or subject. The history cannot be a part of a
good judgment, because good judgment is a concise judgment.
Next, it is
the requirement that the tone and attitude of a judge should not be depicted
through a judgment. Further, the criticism, if it is necessary, should be in an
honorary and dignified manner. No personal remarks should be part of it. Moreover,
it should not contain adverse remarks against the past or present conduct
of any public servant. Otherwise, the whole judicial system would too become open to
criticism.
There
should not be left any chance of even a slight feeling of biasedness. Each
party must have full trust on the judge. Transparency is sin-qua-non for a
judgment; because it supports the building of public confidence, whereupon
whole judicial structure is standing. As it is not the satisfaction of a judge,
rather the satisfaction of the party to the case, which is the hallmark of the test of
biasedness.
In addition, it should be at the end
of the trial. Unless, a party satisfies that he has been heard and completely
granted an opportunity to present his case, the rule of prudence is that, it
should be postponed. so, there should not be any agitation regarding the hearing. Moreover,
it should not contain any unnecessary details, arguments, materials, and
discussions, etc. either in or out of the court.
In a nutshell, good judgment
requires to have: reasoning, clarity, precision, brevity, sobriety,
impartiality, complete hearing, and evidence, precedents, arguments of both
sides. And it requires not to have: prolixity, verbosity, poetic expressions, frivolity,
complex sentences, personal knowledge of the judge, and adverse, derogatory,
disparaging remarks.
Lastly, it is an honor to conclude,
in the words of Holy Prophet PBUH:
“there
are three categories of judges; two will go to Hell Fire whilst the third one
will enter Paradise. A judge who knows the truth and passes judgment
accordingly will enter paradise. A judge who knows the truth but perverts the
the course of justice will go the hell and also a judge who knows the truth and
passed judgment based on ignorance shall go to hell.”
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