I am actually struggling to put forward my point correctly. My point is, a judge decides the case based on three factors....they are (in the order of priority, first one occupying top priority) viz., A. Question of law B. Question of procedure C. Question of fact. That is why the question of fact of girl being forced to marry has taken back seat in view of question of law involved that there is no provision in HMA to protect such girls.
If question of fact takes primacy over question of law, as you said, EIC, CE and RE and all are relevant. When question of law and question of procedure are priorities over the question of fact, then mere paper work will do. That is one point.
Second, even if question of fact is given primacy over question of law and question of procedure for argument sake, the deposition of witnesses should be taken as it is without giving them an opportunity to confirm it. Because an opportunity given will render them an opportunity twist the facts. We cannot base our judgments based on twisted or manipulated facts.
At present the system is give primacy to question of law and question of procedure over question of fact. Even that question of fact is decided on high probability of manipulation or to say on the basis of manipulated facts. That being the case what is the purpose of hearing. That is the point I am trying to drive home. First the question of fact is least important. Second even that being the case, the fact finding mission of court miserably fails when the procedure allows the witnesses to confirm helping them to use their minds to manipulate. So on all counts it appears to me that paper work is the only best way to deal with cases rather than waste time on hearings if the court has to give primacy to question of law and procedure over facts and apply their minds on twisted facts.