THE proceedings in our courts are not recorded. There is no transcript prepared of the arguments presented before the court. The only account of what transpires in the courtroom is the order or judgement rendered by the judge.

That order, though, may be highly deficient. This is particularly the case in proceedings before the civil and district courts, which are referred to as the lower judiciary in Pakistan. This description may appear to some as apt in view of the quality of orders issued, which are often seen to be below par or defective.

This deficiency is there for two reasons. One, the judge may not have understood the contentions of a party to a dispute. The lawyer may have argued X but the judge may have understood Y. Two, the judge may not even have recorded the contentions of the lawyer. It is as if the argument was never made.

A judge in Pakistan, as a result, has carte blanche to record the arguments (or not) in whatever shape or form he considers fit. There is no other record of the hearing, itself, to keep the judge accountable in what he actually records in the order. There is no transcript prepared, no audio-recording, or video-taping.

Recorded........

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