An understandable court judgement

Knowledge, they say, is power. Comprehension, however, is not inevitable. Nowhere is this more evident than in the legal sphere. The layman is routinely awed not so much by the sheer majesty of law than its impenetrability. Lawyers derive half their importance from their ability to translate legalese into a language that we all can understand. It stands to reason, therefore, that they have a vested interest in keeping the language as turgid as possible.

So, it is commendable that the honourable Supreme Court has once again stepped into the breach and come to the aid of the befuddled citizen by overturning a Himachal High Court judgement on a tenancy dispute on the grounds that it could not be understood. The HC has been directed to hear the case afresh and, presumably, the judgement will keep in mind the spirit of the SC’s decision.

Indeed, in a sphere that sees a fair profusion of multi syllable words, the impugned judgement does stand out for its near-total absence of any simple words. Unfortunately, it is not the only one of its kind. There have been previous instances, notably on the Arushi Talwar murder case, where the judgement has come in for considerable flak on the grounds of inscrutability.

Could there be a public interest litigation in the Supreme Court one day on the plight of those affected by abstruse and opaque judgements by courts at all levels?