J&K and Ladakh High Court Flags Trial Magistrates for Delegating Drafting of Orders to Staff

The High Court of Jammu and Kashmir and Ladakh recently raised an issue regarding trial court magistrates frequently assigning the responsibility of drafting judicial orders, especially interim orders, to their junior staff. 

The Court stated that the trial court magistrates are expected to either write their own orders or get them typed in their presence and under their dictation. This observation came during a plea challenging the framing of charges for cheating, forgery, and related offences. 

HC refused to cancel the order as it was irregular and not illegal, but instructed the trial magistrate to re-examine whether charges had been appropriately framed and, if necessary, alter or amend them.