SC judge proposes modern style for judgment writing
Justice Khosa says the present style slows decision-making process.
Justice Asif Saeed Khan Khosa. PHOTO: TMN
ISLAMABAD:
Giving outlines for writing short judgments, the Supreme Court has proposed all superior court judges adopt shorter format for deciding bail applications.
Justice Asif Saeed Khan Khosa, while deciding a bail application against a LHC decision, said that the archaic style of writing judgments was making the decision-making process slow.
“Generally, the judges are sticking to old styles of writing, which is causing a disconnect between the judiciary and the litigant public because the decision-making is slow, long and out of pace with the influx of cases asking for decision,” the judge wrote.
Justice Khosa said time had come for breaking away from the attitudes and approaches of the past and for out-of-the-box solutions to situations which apparently have no traditional remedies.
“It has appeared to us to be safer to start the proposed judicial repositioning with decisions of applications for bail and then to build on the same on the basis of the experience gathered.”
Justice Khosa proposed the judges adopt shorter format, including four segments, for deciding an application for bail.
“Firstly, an order should state directly and briefly the allegation levelled by the prosecution. Secondly, the details of the arguments may not be recorded in the order.
“Thirdly, the order should state the reasons for granting or refusing bail. It may not be lost sight of that brevity is the soul of wit,” he said, adding that as the fourth point, the order should record the terms of bail, if applicable.
Published in The Express Tribune, March 29th, 2014.
Giving outlines for writing short judgments, the Supreme Court has proposed all superior court judges adopt shorter format for deciding bail applications.
Justice Asif Saeed Khan Khosa, while deciding a bail application against a LHC decision, said that the archaic style of writing judgments was making the decision-making process slow.
“Generally, the judges are sticking to old styles of writing, which is causing a disconnect between the judiciary and the litigant public because the decision-making is slow, long and out of pace with the influx of cases asking for decision,” the judge wrote.
Justice Khosa said time had come for breaking away from the attitudes and approaches of the past and for out-of-the-box solutions to situations which apparently have no traditional remedies.
“It has appeared to us to be safer to start the proposed judicial repositioning with decisions of applications for bail and then to build on the same on the basis of the experience gathered.”
Justice Khosa proposed the judges adopt shorter format, including four segments, for deciding an application for bail.
“Firstly, an order should state directly and briefly the allegation levelled by the prosecution. Secondly, the details of the arguments may not be recorded in the order.
“Thirdly, the order should state the reasons for granting or refusing bail. It may not be lost sight of that brevity is the soul of wit,” he said, adding that as the fourth point, the order should record the terms of bail, if applicable.
Published in The Express Tribune, March 29th, 2014.