2024-08-22 02:44:00
national news
No preaching in judgment; Supreme Court overturns judgment of judge exposed as RSS member
New Delhi: The Supreme Court should not make unnecessary moral remarks in its court judgments. The Supreme Court also pointed out that the judge’s personal opinions and suggestions for the parties to the case or the public should be excluded as much as possible from the judgment.
The Supreme Court made an important observation in its judgment quashing the Calcutta High Court order, which included the controversial remarks that teenage girls should control their sexual impulses. A bench comprising Justices Okha and Ujwal Bhuyan observed the situation.
The court also noted that the judgment was not a literary work or treatise. The judgment should use simple language. A key feature of quality judgments is moderation.
A judge’s job is to decide a case. Judgments should not contain irrelevant and unnecessary content. The Supreme Court also pointed out that unnecessary moral words should not be included in court decisions.
Yesterday, the Supreme Court issued some important guidance on the structure of sentences handed down when hearing appeals challenging convictions.
The court also stated that when dealing with appeal cases, the judgment should include a summary of the facts, the nature of the evidence, arguments, the court’s assessment, the reasons for quashing the conviction and the reasons for upholding the conviction.
The court said that while a judge can make observations about the behavior and character of parties to a case, those observations must be directly related to the case and the decision. The Supreme Court also criticized the Calcutta High Court judgment that led to the remarks.
The court criticized the Calcutta High Court’s view of acquitting the accused in the POCSO case as shocking, bizarre and arbitrary. The Supreme Court stated that this judgment has nothing to do with this case.
The Supreme Court also set aside the Calcutta High Court’s verdict of acquitting the accused on the basis of a settlement between the accused’s relatives and the victim. The Supreme Court has overturned the acquittal of a 25-year-old man who raped a 14-year-old girl.
In October 2023, a bench of Calcutta High Court judges Chittaranjan Das and Partha Sarathi Sen acquitted the accused in the POCSO case. In his valedictory speech, Justice Chittaranjan Das said that he was a member of the RSS.
Content Highlights: No preaching in judgment; Supreme Court overturns judgment of judge revealed to be RSS member
1724304309
#preaching #judgment #Supreme #Court #overturns #judgment #judge #exposed #RSS #member
