Why I smiled on reading Presidential Reference Case Judgement? You may also smile!

Standard

2G judgement came. Licenses were cancelled. Fresh auction of telecom spectrum was ordered.

To overcome this judgement, Govt filed review petition.

Then it withdrew review petition and made Presidential Reference to Supreme Court.

In haste, it forgot to mention word “DOUBT” in Reference.

At hearing, an objection was raised that since words “Doubt has arisen” not mentioned in Reference it was not maintainable.

Arguments before judges went on for days whether Reference ought to be rejected as word “Doubt” is not mentioned.

Finally, Judges held that it does not matter if word “Doubt” is not mentioned.

Out of 208 page judgement, 70 pages are written on whether Reference was maintainable or not! (1/3 Judgement)!

If while drafting Reference, word “doubt” was mentioned, so much judicial time would have saved!!!

I therefore smiled on reading this Reference Judgement. 🙂 Omission of one word can create lot of problems in legal matters!

Haresh Raichura
3/10/2012

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