Improvement in the Quality of Judgment

Judgment is the outcome of evaluation of facts and evidence submitted by the court. A well written and succinct judgment based on thorough analysis of facts and law is not only proof of the intellectual strength of a judge but also reflects the quality of the judicial system. In Pakistan, the art of writing a good quality judgment remains an ongoing challenge as courts are faced with rising litigation, backlog and inadequate research facilities. Under the circumstances where courts lack human, financial and technical resources, the challenge of ensuring quality of judgment becomes quite a critical challenge.

The issue of writing a quality judgment is not merely important in improving the efficiency of judicial performance but it also plays an important role in gaining public trust in the justice system. It further provides evidence of professional standards in maintaining the reputation of the court in dispensing justice as litigant public expect a just, fair and quality justice and much depends on the content, structure and presentation of facts-the key elements in judgment writing processes.

Many research studies conducted in the past have underlined the need for quality judgment by superior courts to explain and elaborate the Constitution and interpreting other statutory laws. There is pressing need to develop jurisprudence. Art of writing a judgment is contingent on the knowledge, skills and expertise of the judge. The process of writing a judgments involves not only close attention of the judge but also the experienced professional court staff to assist the court in delivering a judgment which clarifies ambiguities, if any, to help develop jurisprudence.

Also the issue in hand is linked with strength of the constitutional framework and the legal system as good judgments will contribute to the image and perception associated with the justice delivery process. A judge delivering a quality judgment will do a great service and enhance the outlook of judicial system by securing quality. Clearly, unless judgments are drafted, formulated and presented in a just, succinct, and accurate manner, the process of dispensation of justice will suffer invariably. The reform efforts must mobilize technical and financial resources towards improvement in the quality of judgments at the level of constitutional courts.  

An important strategic intervention to improve the skills and techniques for writing a good quality judgment entails the provision of adequate research facilities so that judges are equipped with trained staff well versed in assisting the judge with modern research techniques. 

The conference will provide an apt opportunity to suggest ways and means to enable the superior courts in particular the Supreme Court to give time to hear important cases so that quality of judgment could be maintained. Drawing on their years long expertise, knowledge and skills, the participants will examine the issues related to quality of judgment in the light of their association with judgment writing process. It is expected that with the valuable input coming forth from worthy judges, prominent jurists, distinguished lawyers, the conference will come up with key recommendations to improve the quality of judgments at the level of the superior courts.