The Supreme Court has critically commented on a Himachal Pradesh High Court judgment for being ‘incomprehensible’ and highlighted the purpose of courts in writing judgments.
LiveLaw reported Justice MR Shah expressing his annoyance by remarking in open court, “I had to use Tiger Balm.” Justice DY Dr. Chandrachud also asked in Hindi, “What is this judgment that has been written?”
The Himachal Pradesh High Court, by its order dated November 27, 2020, had affirmed the order of the Central Government Industrial Tribunal (CGIT). The CGIT, while coming to the conclusion that the first charge of misconduct against the respondent was proved, interfered with the penalty of dismissal only on the ground that it was harsh and disproportionate to the misconduct. Hence, the penalty of dismissal was modified to that of compulsory retirement.
An appeal was filed against this order before the top court that observed that the High Court had written a judgment spanning over eighteen pages but the same was incomprehensible. The Division Bench of Justices DY Chandrachud and MR Shah recorded in its judgment as follows:
“We are constrained to observe that the language in the judgment of the High Court is incomprehensible. Judgments are intended to convey the reasoning and process of thought which leads to the final conclusion of the adjudicating forum. The purpose of writing a judgment is to communicate the basis of the decision not only to the members of the Bar, who appear in the case and to others to whom it serves as a precedent but above all, to provide meaning to citizens who approach courts for pursuing their remedies under the law. Such orders of the High Court as in the present case do dis-service to the cause of ensuring accessible and understandable justice to citizens.”
According to a LiveLaw report, Justice MR Shah added, “I did not understand anything. There are long, long sentences. Then, there is an odd comma showing up anywhere. After reading, I did not understand anything. I started doubting my own understanding!”
Justice Chandrachud also referred to Justice Krishna Iyer’s judgments and remarked, “In this regard, we speak of Justice Krishna Iyer. His judgements used to have a profound thought, a profound sense of learning behind the artistry of words.”
The order may be read here:
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