Short-cut dictation and typing technology in form of ‘copy- paste’ or ‘copy-cut- paste’ should be very carefully done with proper application of mind. With observations and concern of the Supreme Court.

[DEV KUMAR KOTHARI]

Some tricks in computer based   dictation, typing, writing:

In computerized working we find many technical development and tricks for doing work easily, quickly and efficiently. For draftsman copy and paste is very  helpful technology. For example:   

‘copy- paste’ – we copy content from one document and paste it in another document or at other place in same document. In this case content copied from first place will remain there as it was only copied and saved in memory (clip board) and pasting was done elsewhere.

 ‘copy-cut- paste’ – if we copy and cut from one place, it will be removed from there, content cut can be pasted elsewhere only during period when it is in memory. Memory will be lost, if another content is copied.

Cut – paste

In case a content is cut from one place it is removed from that place and can be pasted elsewhere till it is in memory of cut function- it can be lost if another content is cut, or computer is shot down and in some other situations also.

Therefore, depending on nature of work being performed best method is to copy from one place and paste it at another place where the content is required.

Editing of copy , paste may be required.

Copy and paste is okay when the same content is required at another place it may require permission or at least mention of source document, in case of copy righted content.

However, many times content taken from one document is required to be changed to make it compatible for content required at another place where it is copied. For example while drafting submissions, grounds of appeal , documents we can take content from one document or standard document for use in another document. However, it require lot of care to make changes to suit exact requirement at another document.

Inserting content:

Inserting entire or selecting content is also important. This can be done in different ways depending on nature of documents to be inserted for example inserting pictures.

Original thinking (application of mind ) cannot be substituted  with copy paste.

Many times author find that copy paste within documents is not suitable when we have to give a fresh or new thought. In that case in fact we search within our mind and find information to write or we think afresh and type or dictate for typing.

Therefore, when a thought is to be developed, copy paste is not suitable.

Judgments, orders etc.- changes due to copy paste:

We find trend that that in many judgements passed by courts, judgments are made very lengthy.  In assessment and appeal orders also deliberately they are made long by copy paste method. We can find in orders of appellate authority in which many contents are repetition. For example, we can find appellate authority reproducing from  original order, statement of  facts, grounds of appeal and also from written submission. This can be including many things written repeatedly. This makes orders very lengthy and confusing.

In fact  many  professionals are also using copy paste methods to make drafting lengthy, in hope that the client will be impressed with the volume. However, intelligent clients can distinguish it and appreciate documents which are drafted carefully and provide content in clear terms to the extent required and do not include unnecessary reproduction.

  This is because copy-paste method is followed very frequently and carelessly while doing so, exercise for choosing desired content only by method of selective content is not adopted, rather entire content is reproduced from one document to another document and that can include many irrelevant content being reproduced. This also happens because some instructions are given to personal secretary (PS)who type and prepare document. PS also taken it easy to copy and paste entire content instead of selecting relevant portion, even if he was guided by officers while dictating on document.

Many times copy paste is not suitable. It is experienced that writing afresh provide more possibilities of improvement. Writing originally is always important to keep thinking process alive and to be selective in decision about choosing and presenting from source documents in another document to the extent it is necessary.

Observations and implied directions of the Supreme Court:

In 2021 (3) TMI 1349 - SUPREME COURT  - UNION PUBLIC SERVICE COMMISSION VERSUS BIBHU PRASAD SARANGI AND ORS.

Honorable Supreme Court has considered aspect of copy paste method adopted in judgments. Paragraph 7 is on this aspect. The same is reproduced with highlights added for analysis and understanding.

                     “7. Cutting, copying and pasting from the judgment of the Tribunal, which is placed in issue before the High Court, may add to the volume of the judgment. The size of judicial output does not necessarily correlate to a reasoned analysis of the core issues in a case. Technology enables judges to bring speed, efficiency and accuracy to judicial work. But a prolific use of the 'cut-copy-paste' function should not become a substitute for substantive reasoning which, in the ultimate analysis, is the defining feature of the judicial process. Judges are indeed hard pressed for time, faced with burgeoning vacancies and large case-loads. Crisp reasoning is perhaps the answer. Doing what the High Court has done in the present case presents a veneer of judicial reasoning, bereft of the substance which constitutes the heart of the judicial process. Reasons constitute the soul of a judicial decision. Without them one is left with a shell. The shell provides neither solace nor satisfaction to the litigant. We are constrained to make these observations since what we have encountered in this case is no longer an isolated aberration. This has become a recurring phenomenon. The National Judicial Academy will do well to take this up. How judges communicate in their judgments is a defining characteristic of the judicial process. While it is important to keep an eye on the statistics on disposal, there is a higher value involved. The quality of justice brings legitimacy to the judiciary.

Unquote:

From above observations we find that  even the Supreme Court consider that though copy paste method can be used for speedy disposal, however lengthy and un-necessary copy paste should be avoided. Rather there should be summary and then court passing the order should give its own observations and reasoning while approving or disapproving any part of original order against which appeal has been preferred.

Emphasis about substance, analysis, reasoning, then conclusion and order must appear as per mind applied by the court passing order. And it must so appear also. It cannot merely approve or disapprove the order of lower court / original authority.  

Note: Author has not dealt with subject matter of case before the Supreme Court and only aspect of cut, copy paste is discussed. What apply in case of judgments also apply in course of other drafting at various levels. The writer must apply his mind and provide analysis , reasoning and conclusions etc. as is requirement in relation to matter in hand.