Superior Court Tradition
Narrating facts of the case Judges are to digest the materials and summarise them in the judgment.
We record our strong disapproval of the manner in which the learned Judges of the High Court Division described the prosecution case in the two complaint cases. They have quoted in full the petitions of complaint in Bengali. The superior Courts of this country have a tradition of narrating facts of the case in their own language, sum- marising them as concisely as possible. Verna- cular materials are translated into the language in which the judgment is written. Same is the case with the narration of FIR, Charge-Sheet, (where necessary) deposition of witnesses, etc. the learned Judges are required to digest these materials and to summarise or paraphrase relevant and essential portions thereof in as short, succinct, concise and factual manner as possible. Lest it develops into an infectious practice we like to nip this unhealthy trend in the bud. Abdur Rahim vs Enamul Huq 43 DLR (AD) 173.
-Examining a new question-Apart from the question on which leave was granted, counsel for the appellant submitted that the allegations made in the FIR do not constitute any offence as alleged. Court did not like to examine this question while hearing the appeal. Zakir Hossain vs State 43 DLR (AD) 102.
Superior Court Tradition-Narrating facts of the case Judges are to digest the materials and summarise them in the judgment. We record our strong disapproval of the manner in which the learned Judges of the High Court Division described the prosecution case in the two complaint cases. They have quoted in full the petitions of complaint in Bengali. The superior Courts of this country have a tradition of narrating facts of the case in their own language, summarising them as concisely as possible. Vernacular materials are translated into the language in which the judgment is written. Same is the case with the narration of FIR, charge-sheet, (where necessary) deposition of witnesses, etc. The learned Judges are required to digest these materials and to summarise or paraphrase relevant and essential portions thereof in as short, succinct, concise and factual manner as possible. Lest it develops into an infectious practice we like to nip this unhealthy trend in the bud. Abdur Rahim vs Enamul Huq 43 DLR (AD) 173.
