In a sharp reminder of judicial accountability, the Jammu and Kashmir and Ladakh High Court has flagged a disturbing trend: trial magistrates outsourcing the task of drafting judicial orders to their clerical staff.
This concern came to light during proceedings in a cheating and forgery case, where a man challenged the legitimacy of a trial court’s order framing charges against him. He alleged the order was not only devoid of reasoning but also lacked any signs of judicial application of mind.
While the High Court ultimately upheld the trial court’s decision and found no illegality in the framing of charges, it agreed with one critical point—the drafting was sloppy. The order, the Court noted, read more like a product of clerical convenience than a judicially reasoned document.
Justice Mohd Yousuf Wani minced no words in his caution: “It is being observed that most trial magistrates entrust the drafting of interim orders, including orders on framing of charges, to subordinate staff under verbal instructions. Magistrates are required to either write such orders by hand or have them typed in their presence and under direct dictation.”
Despite finding the procedural flaw, the High Court stopped short of striking down the trial court’s order. Instead, it instructed the magistrate to revisit the charges, ensure they align with the facts and the law, and make any necessary amendments. The directive included offering the accused a fresh hearing before making such adjustments.
