DISSIMILAR JUDGEMENTS

                         Same Law but Different Interpretation?

There have been instances where the superior courts have rejected or quashed the orders of the lower courts. The lower courts are also applying the same principles of the law before pronouncing the decision in each case referred to them. There cannot be two interpretations of the law applicable to a certain crime by any legal authority .Accordingly the decision taken by the lower court naturally should stand. Therefore it is certain that the application of the relevant rule in proving the crime and arriving at a final disposal was not observed in cases which were rejected by the superior court.

Such instances come due to the personal failure in applying the correct principles of the law OR due to personal contribution in misinterpreting the law to gain ones end.  To tide over this situation, I feel that we must resort to the existing procedure adopted in the departments in dealing with staff matters. The lower level officers investigate into the matter brought to their notice and then forward the same with their recommendation to higher level for their decision. Thus the Apex body finally passes on the decision to the lower level for taking necessary action.

If such procedure orders are adopted in the judiciary then, there will not be dissimilar findings in the court of justice at any level.  The delegation of power in dealing with cases according to the seriousness of the crime can be decided to lessen the burden of courts at appropriate level. This will lessen the delay in proceeding with the cases and also speed up the finalization of cases in time.

Abraham Mangalath Phlip