Pvt_RajKing (Private) 13 December 2011

Judicial accountability bills vs quality of judgments

ONE OF THE COMMON WAYS IN WHICH A JUDGE ABUSES HIS POWER IS BY ISSUING ORDERS/JUDGEMENTS THAT IS:

1. Not reflective of the current settled view (even after it was pointed out by one of the party)

2. Mis-appreciation of evidences or ignoring/omission of evidences

3. illogical & casuistic reasoning to suit the outcome of the order or judgment.

Obviously this is very difficult topic, but perhaps the appellate court, should the appeal suceed, can be required to decide as to whether the judgment or order of the lower court was reasonable given the evidences, reasoning and thought process used by the trial court and make a finding on that question. This will help the judicial administartors to track such abuses and enhance the quality of judgments/orders...

I am NOT at all sure if the judicial accountability bill will enhance the quality of judgments and abusive or ignorant judgements. .. I didn't see anything in the bill to solve this issue..

I would love to hear form other members...

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2 Replies

Arup (UNEMPLOYED) 14 December 2011

I am exactly in line with you.

Abuse of the process of judgment should be triggered but there is no symptom of it, in the bill.

How a judgment originated?

(i) Petitioner complains; (2) Respondent's reply on it; (3) Evidences and (4) Witnesses comes through the parties. After considering the above four material, final decision given by the judge as a prudent man,- that is judgment.

If the judge does not work as a prudent man, then doubt raise from that point. What restricts the judge to work as a prudent man? The first and foremost consideration comes to a prudent man's mind is bribe. It is always not that. Sometimes some other reason may work but the main point still remains as it is. 'Why the judge deviated to work as a prudent man?'

There are two points. One is whether the judge deviated to work as a prudent person? Another is how it will be ensured that a party gets 'just' under the above circumstances?

Judges of lower court do not come under the said bill. What is the guarantee that HC, SC will not repeat the same thing?

Judges accountability related with judgment they delivered and not of their property. Earning illegally is a hatred thing not only for a judge but for all.

If you see the proposed bill on judge's accountability, in internet, please post it here. Thanks.