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Showing posts from July, 2007

THE ANXIETY – TO DO RIGHT – REMAINS

(Summary: This paper discusses how a judge may communicate and a judgement may be written.
A pdf format of the article can be downloaded by clicking here.
It was read by Justice Yatindra Singh, Judge, Allahabad High Court at National Judicial Academy, Bhopal in the National Judicial Seminar of the judges of the higher judicial service on Judicial Method on 21.7.2007.)
Themis is goddess of justice; she is generally—though not always―shown blindfolded; she has a pair of scales in one hand and a double edged sword in the other. The blindfold indicates that justice is impartial and is administered without fear or favour. The pair of scales explains that justice is done after weighing the strength of the competing claims. The sword symbolises the power to enforce it.

Our task is to find out the side, where justice lies. In this process, we '
must not spin a coin or consult an astrologer' {Lord Diplock in R.V. Deputy Industrial Injuries Commissioner ex parte Moore (1965) 1QB 450, …