On Friday, Hon’ble Justice MR Shah of the Supreme Court expressed his displeasure over a Judgment of the High Court, which was challenged before the Supreme Court.
Justice Shah was sitting with Hon’ble Justice D. Y. Chandrachud and was hearing a SLP against a Division Bench Judgment of Himachal Pradesh High Court.
The High Court in its Judgment had uphled the Order of CGST regarding misconduct of employees.
Reading the Judgment, Justice Chandrachud exclaimed:
“What judgement has been written?!”
Replying in Hindi, Justice Shah concurred, “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!”
“I had to use Tiger balm”, quipped Justice Shah.
“Judgments must be such which everyone can understand…And the judge says that the charge of misconduct has been proved!”, noted the bench.
Justice Chandrachud further said;
“I sat down to read it at 10:10 AM. It was 10:55 by the time I completed! I was like, ‘Can you imagine this?’ Finally, I had to look for the award of the CGIT itself. Oh, my God! I am telling you, this is unbelievable!”,
“This is a dislocation of justice. In every matter, you find a just judgement like this”, continued the judge.
“It is said that the judgement must be as simple as it can be so that everyone can understand. It is not supposed to be a thesis”, commented Justice Shah.
“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”, said Justice Chandrachud.
“Reading the order of the division bench of November 27, 2020, we note that the reasons recorded by the High Court in the long judgement of 18 pages are not comprehensible. The kind of reasoning and language employed is inexplicable”, the bench stated.
“We are at our wit’s end. This is happening repeatedly”, expressed Justice Chandrachud.
“Brother, should we say something on how to write judgements? That simple language should be used in conveying what you are trying to say?”, said Justice Shah.