Copy-Paste Judgement? Punjab and Haryana High Court Seeks Explanation From District Court Judge

The Punjab and Haryana High Court has directed Gurdaspur's District & Sessions Judge to randomly check at least 10 judgements of a judicial officer in civil appeals to see whether he has resorted to any sort of plagiarism in them.

Justice Arvind Sangwan passed the order after the counsel representing an appellant in a Regular Second Appeal argued that the Lower Appellate Court has "miserably failed to apply its judicial mind" as in the impugned order passed by it, the judgement passed by the trial court has been "just copied and pasted, line to line, word to word and even, there is no change of comma or full stop".

Taking note of submissions, Justice Sangwan directed the Judicial Officer, who has passed the judgement on December 10 in 2019, to submit an explanation well before the next date of hearing, which is March 27, 2023.

The court further said:

"The District & Sessions Judge, Gurdaspur, is also directed to randomly check at least 10 judgments passed by the said Judge in civil appeals, to find out whether a similar modus is applied by the said Judge, while deciding the civil appeals and submit a report, in this regard."

As per the order in the land dispute case, the counsel representing the appellant during the hearing on September 19 referred to the finding recorded by the Lower Appellate Court in Para 35 to Para 45 where the issues involved in the case have considered.

"... and word to word, trial court order is copied and pasted and only in the conclusion part, some observations are made by the Lower Appellate Court," the order reads.

The counsel representing the appellant argued that the Supreme Court in a 2011 ruling has held that the first appeal court hearing the challenge against the order of the lower court must independently assess the evidence of the parties. 

"Once it is demonstrated that the Lower Appellate Court has failed to apply its judicial mind, there is nothing on record to suggest that the finding recorded by the trial Court was independently assessed by the Lower Appellate Court," argued advocate Vipin Mahajan.

Issuing notice in the case for March 27, 2023, the court stayed the operation of the impugned order.

Case Title: DAYAL SINGH VS AMARJIT SINGH AND OTHERS

Click Here To Read/Download Order