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Tag: deciding

  • Judges Are Like Architectural Designers While Deciding A Case: Chief Justice

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    SRINAGAR: The Jammu and Kashmir Judicial Academy organized a one-day interactive program on “order/judgment writing, application of the law, sharing best practices, and finding solutions to practical problems faced by them in justice delivery” for Civil Judges (Junior Division) of Kashmir Province. The program was inaugurated by Chief Justice, High Court of J&K and Ladakh, and Patron-in-Chief, J&K Judicial Academy, Justice N Kotiswar Singh. The program aims to provide a platform for Civil Judges to exchange ideas and share experiences as well as learn techniques from experts in the field of law.

    Yash Paul Bourney, Registrar Vigilance, High Court of J&K and Ladakh, M K Sharma, Director, J&K Judicial Academy, and Jatinder Singh Jamwal, Special Judge, Anti-Corruption (CBI Cases), Srinagar, were the resource persons for the program.

    Delivering the inaugural address, the Chief Justice stated that it is the primary duty of a Judge to write a judgment understandable by a litigant and not for the higher courts. All focus must be on the litigant who has come for justice, he said, adding that judgment should be clear, lucid, and with good reasoning. He said the application of mind is important to make any decision because we are dealing with human sufferings. For a good judgment, the facts of the case should be properly marshaled, and the law should be applied with clear reasons for accepting or rejecting any claim of the litigant, he asserted.

    The Chief Justice emphasized that judges are like architectural designers while deciding a case. Though in criminal cases, the charge-sheet is the basis for decision, the facts of the case must be taken care of while deciding the case, he added.

    Justice Sindhu Sharma, Chairperson, J&K Judicial Academy, in her special address, while quoting a Greek Philosopher, said that the qualities of a judge are to hear courteously, to answer wisely, to consider soberly, and to decide impartially. She emphasized that while deciding a case and writing a judgment, a judge must consider the arguments and claims put forth by the parties. Further quoting Justice H.K. Sema, a former judge of the Supreme Court of India, she said that the judgment is best when given with reasons. While quoting Justice R.C. Lahoti, former Chief Justice of India, she said that while writing a judgment, don’t go into the verbosity of the document.

    She also deliberated that a litigant must understand why a case is in his favor or against, that should come out from the judgment. The basic factors that should be considered are to maintain integrity while passing a decision, and it should not be influenced by any other matter, including our own prejudices and biases. We have to consider the facts while writing a judgment, that it should be based on the provision of law, the aspect on which we are doing, and how we are going to write the judgment.

    Justice Javed Iqbal Wani, Member, J&K Judicial Academy, in his special address, citing the case of Barender Kumar Gosh, said that the trial Judge quoted from the sonnet ‘On His Blindness’ of a famous English poet John Milton, i.e., “They also serve who only stand and wait,” while turning the plea of innocence of Barender Kumar Gosh in a robbery and murder case, quoting that even if you were a guard at the door, you were still guilty of the crime for taking no action.

    Justice Wani, citing another recent judgement of the Supreme Court of India, said, while quoting Justice Roslyn Atkinson, a former judge of the Supreme Court of Queensland, that there are various purposes for any judgement that is written, such as spelling out the judge’s own thoughts, explaining the decision to the parties, communicating the reasons for the decision to the public, and providing reasons for an appeal to consider. He added that every judgement has to have various basic elements, such as a statement of material (relevant) facts, legal issues or questions, deliberation to reach a decision, and the ratio or conclusive decision.

    Director of J&K Judicial Academy, M.K. Sharma, in his welcome address, underscored the importance of organizing this program. He said that writing judgments and orders is virtually an art and often varies from judge to judge as no form or format has been provided in law as to how judgments and orders should be written by the judges.

    The day-long interactive program was divided into two technical sessions and an interactive session for feedback.

    The first technical session was chaired by Yash Paul Bourney, Registrar Vigilance, and M.K. Sharma, Director of J&K Judicial Academy, who analyzed the art of order/judgment writing and application of the law.

    The second technical session was chaired by Jatinder Singh Jamwal, Special Judge, Anti-Corruption (CBI Cases), who shared best practices and finding solutions to practical problems faced by Civil Judges (Junior Division) in justice delivery.

    The interactive program concluded with a session during which the participants deliberated and discussed various aspects of the subject topic and raised queries that were satisfactorily settled by the resource persons. (KNO)

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    ( With inputs from : kashmirlife.net )

  • Buttigieg said U.S. had to balance risks in deciding when to shoot down balloon

    Buttigieg said U.S. had to balance risks in deciding when to shoot down balloon

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    An F-22 stealth fighter shot the balloon down off the coast of the Carolinas a week after the U.S. first started tracking it Jan. 28, POLITICO previously reported. The balloon crossed the continent in the succeeding days, from Alaska to Canadian airspace, then over Idaho and Montana to the Atlantic. The U.S. military is now attempting to recover the debris for intelligence purposes.

    Even as Republicans continued to pile on criticism about the way the Biden administration handled the situation, Buttigieg pointed out that the mission was completed without any loss of American life or property. The Transportation secretary repeatedly characterized the balloon’s intrusion as unacceptable behavior from the Chinese government.

    Pressed by host Jake Tapper about whether it could be assumed that the balloon gathered intelligence, Buttigieg said that was out of his purview.

    “I’m sure there’s a similar presumption about what spy satellites do,” he said, pointing to China’s space program. He also declined to confirm exactly when the Biden administration first became aware of the balloon.

    Republicans on Sunday continued to use Biden’s reaction to the balloon as evidence of the administration’s perceived weakness; they were happy to see the balloon shot down but argued it should have been done days earlier.

    “What began as a spy balloon has become a trial balloon, testing President Biden’s strength and resolve, and unfortunately the President failed that test,” Sen. Tom Cotton (R-Ark.), a frequent China hawk, said Sunday on Fox’s “Fox News Sunday.” “And that’s dangerous for the American people.”

    Sen. Marco Rubio (R-Fla.), speaking on ABC’s “This Week,” repeatedly called the deployment of the balloon a “deliberate” act from China, an attempt to show the U.S. was a declining superpower that can’t be counted on by its allies in the Pacific and elsewhere.

    “I can assure you that if we fly a balloon over China, they’d shoot it down,” Rubio said. Speaking on CNN’s “State of the Union,” Rubio added that the U.S. had to consider the risks to civilians in shooting the balloon down, but that there should have been earlier opportunities to down it.

    Some of the criticism took the form of colorful language.

    Rep. Mike Turner (R-Ohio), chair of the House Intelligence Committee, compared the takedown of the balloon over the Atlantic to “tackling the quarterback after the game is over.”

    “They didn’t go and look at the Grand Canyon. They went and looked at our nuclear weapons sites,” Turner alleged.

    Speaking on Fox News’ “Sunday Morning Futures With Maria Bartiromo,” Rep. Mike Gallagher (R-Wis.) was similarly descriptive.

    “Letting a Chinese surveillance balloon lazily drift over America is like seeing a robber on your front porch and inviting him in, showing him where you keep your safe, where you keep your guns, where your children sleep at night, and then politely asking him to leave. It makes no sense,” said Gallagher, who is chair of the House Select Committee on China.

    A senior defense official noted this week that it’s not the first time a Chinese spy balloon has entered U.S. air space, POLITICO previously reported. Such incidents occurred at least three times during President Donald Trump’s administration and once at the beginning of the Biden administration, but the flights were never for this duration.

    While he was grateful for the military’s action taking down the balloon, Sen. Cory Booker (D-N.J.) said Sunday on CBS’s “Face the Nation” the U.S. has challenges with China beyond this single incident.

    “We have a real problem with China on a number of issues, from their human rights violations to their violations of international business law, to even the challenges we’ve had with them on overt spying,” he said.

    Biden told the Pentagon earlier in the week to shoot down the balloon, but military advisers recommended they wait until it was over water, Biden told reporters this week.

    China, which has denied the balloon was used for spying, has threatened repercussions over its downing.

    One former CIA counterterrorism official said he thought the whole controversy had been absurdly overinflated.

    Speaking on CNN’s “Fareed Zakaria GPS,” Philip Mudd judged the crisis a “2” on a scale of 1 to 10 when it comes to national security issues.

    “This says a lot more about the inability of Washington and Congress and the White House to talk about relatively insignificant national security issues than it does about intelligence,” he said. “Look, if the Chinese want to collect photos of America, you could get to Google Earth; you could get a Chinese secret satellite if they want to intercept communications. They could do it with satellites.”

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    ( With inputs from : www.politico.com )