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  • Category: Miscellaneous

    Please go through Arguments of Case along with Verdict.

    Any Supreme court verdict is being heavily critizised just by the verdict. Sometimes even communal colour is given to verdicts. We have right to dissent and to critize Judgements under Article 19. But we must make sure they are also contructive. In constitutional cases and PIL we must along with Judgement go through the Arguments by relevant parties, more importantly position taken by Government Advocates. This gives us why SC or any court for that matter came to a particular conclusion. The Arguments, Material facts must be read and they are readily available within few hours ot final Judgement. Verdict gives only the final touch. 50-60% of any case delends on role of executive and its Arguments. Many times I find even prominent news papers just giving the Judgement and instead of giving details on Arguments made they straight away go to some people whom they feel as experts and get their opinion.This sometimes creates unwanted communal tensions in a country like India. Members are requested to their views in this regard.
  • #612294
    Criticizing some issue or somebody without knowing the facts is not correct on any issue not only in case of court judgements. Many of us will have a tendency of giving our opinion on issues without going to the roots of the issue and we feel that we are doing a very good job. You can have your opinions on various issues. Up to that, there is no problem. But without knowing the full history commenting at others is not correct. You have a right to criticize the court decisions. But don't make your own judgement basin on your incomplete knowledge. That is always required.
    always confident

  • #612379
    Agree with you sir, the recent cracker ban, sounded very true and good for some and some of us felt the opposite. Maybe a short summary of the facts given just before the verdict would make sense. Again issues related to religion or faiths should be handled delicately after fully understanding the arguments and also after understanding the impact of what the experts are going to utter also.
    Can anyone directly approach the supreme court for a PIL?

  • #612384
    Very good observation from the author. Yes we do not go by the content of the arguments that facilitated the verdict of any case and courts are solely depend on the witness and the arguments thereof. What I understand that the electronic media which takes interview of the eminent lawyer edit the argument part of his version and only telecast the verdict version due to time constraint. Even print media avoid arguments gist and go for the verdict with banner headlines and thus public are denied about the real arguments of each case so that they can also come at the conclusion about impartiality of the case. But again most of the court wordings are not understandable to the common man and thus they heaving depend on the head lines of the news paper and electronic media and thus get satisfied with verdict than the argument part.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #612513
    Yes under Article 32 read with Article 12 and "Basic Structure" doctrine of Supreme court PIL can be directly filed if it involves any Article under 12-32. For other Articles of Constitution High court is empowered for direct hearing of PIL. But usually even in Article 12-33 Supreme court can direct any High court to hear the case of PIL before appeal to Supreme court.

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