Saturday, October 09, 2010

What the Judge wrote

chaankya on BRF :
J Sudhir Aggrawal
Vol 15
Page 3640-3641(141-142/251 ) para -3623-3626

(the 8000 page verdict was not proof-read) (emphasis added)

3623. Normally, the Court do not make adverse comments on the deposition of witness and suffice it to consider whether it is credible or not but we find it difficult to resist ourselves in this particular case considering the sensitivity and the nature of dispute and also the reckless and irresponsible kind of statements, and the material got published by the persons claiming to be Expert Historian, Archaeologist etc. without making any proper investigation, research or study in the subject.

3624. This is really startling. It not only surprises us but we are puzzled. Such kind of statements to public at large causes more confusion than clear the things. Instead of helping in making a cordial atmosphere it tend to create more complications, conflict and controversy. Such people should refrain from making such statements or written work.  They must be extremely careful and cautious before making any statement in public on such issues.

3625. The people believe that something, which has been said by a learned, well studied person, would not be without any basis. Normally they accept it as a correct statement of fact and affairs. Normally, these persons do not find a stage where their statement can be scrutinized by other experts like a cross-examination in a Court of law. In legal terminology, we can say that these statements are normally ex parte and unilateral. But that does not give a license to such persons to make statements whatsoever without shouldering responsible and accountable for its authenticity. One cannot say that though I had made a statement but I am not responsible for its authenticity since it is not based on my study or research but what I have learnt from others that I have uttered. No one, particularly when he claims to be an expert on the subject, a proclaimed or self styled expert in a History etc. or the facts or events can express some opinion unless he/she is fully satisfied after his/her own research and study that he/she is also of the same view and intend to make the same statement with reasons.

3626. We do not know how much damage such kind of statements have already caused, but, if any, that has already been done. At this stage we can only hope and trust that the intelligentsia of this country particularly those who are experts in any discipline, shall live more responsible life, and before expressing any opinion or statement of fact particularly when that involves an extra ordinary sensitive matter, due care and caution shall be practised.