Post arguments by either side of Lawyers of the case, the Lawyers each of parties-opponents to each other, submit the citations of judgments previously given by superior courts in other cases, as a corroborative and relevant to their case to support the veracity of their claims over the case. If not presented the citations of judgments, judges themselves, ask for or rather very often insist the Lawyers to present the same. Then, the judges, after perusal of and brooding over the citations presented by the Lawyers, determine and decide asto which citations are more consistent with and appropriately fit for vindication in the case to whose favour i.e. a plaintiff or defendant(?)
In the court-case in question, facts of the case of both contending parties, law, documentary and oral evidence, arguments and the case-file --all are presented before the judges, for disposal thereof by judgment. Then, why do majority of judges not exercise, while giving judgment, their discretionary powers conferred upon them statutorily by Laws, going by provisions of Adjective Laws: Cr.PC; CPC & Evidence Act and substantive laws of civil and criminal? And the judges, resorting to and depending on citations of judgments, rather than and instead of their discretionary powers to be exercised by them are found working.
But why? It would be far better, if they exercise their discretionary powers following rightly facts & figures and particulars of any case and records of judicial proceedings of the case, keeping in view the provisions of various laws, if the case does not fall within the purview of any of provisions of any laws, but they should not be dependent upon citations. In essence, the judges are hardly found to have exercised discretionary powers, albeit conferred upon by law and there is no restriction by superior courts, thereon, when they have to exercise such powers.This inference has been drawn from my observation, experiences and perception thereby, while being present daily in the court, for 27 years (13 yrs practical training under Sr. Lawyers + 15 yrs self lawyership) since 1989. This topic presented & posted in a condensed form is not meant for or to the prejudice of any judicial officers world over, to whom I have a high esteem and due respect.
It is far better to exercise mind-boggling discretionary powers than to wield the weapon of citations of the judgments decided by superior courts, for the administration of justice. That is not the case, every time or mostly judgments given by the superior courts are genuine and right. Many a time, they tumble down in a rendition of judgments. Even it can come up on the surface that judges of inferior courts are as genius as those of superior courts.
Thanks, all the best & good luck to all judicial officers, judges, jurists and highly Sr. justices and Lawyers, too, world over.
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