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‘Technology should not make justice a casualty’: SC Judge Augustine George Masih

Recalling an instance, Justice Masih said, “a counsel had drafted the grounds and unfortunately did not delete from where he had got it drafted”.

the SC judge underlined that core judicial functions must remain with judges. “Certain things ultimately fall back upon the judges who have to control the whole thing.”The SC judge underlined that core judicial functions must remain with judges. “Certain things ultimately fall back upon the judges who have to control the whole thing.”

Calling for a balanced and cautious approach on the use of technology in courts, Supreme Court judge Augustine George Masih on Saturday said, technology should not ultimately make justice “a casualty”.

Addressing the inaugural session of the North Zone-I Regional Conference on “Advancing Rule of Law through Technology: Challenges & Opportunities” at the Chandigarh Judicial Academy, Justice Masih said technology, including artificial intelligence, must be used as an aid rather than a substitute for human judgment.

“Use it as a tool, use it as a facilitator… but it will always be upon us, the judges, to take the call,” he said.

At the same time, the SC judge underlined that core judicial functions must remain with judges. “Certain things ultimately fall back upon the judges who have to control the whole thing.”

Justice Masih also flagged concerns over the growing use of AI in legal drafting. “One field, which is actually making a great deal of inroads, is artificial intelligence… immaculately drafted grounds and petitions. But when it comes to delivering in the court, the lawyer is unable to do that,” he said.

“You ask for assistance and he (lawyer) is unable to even respond as to why he had taken such a plea… it’s even in the Supreme Court in the same position.”

Recalling an instance, Justice Masih said, “a counsel had drafted the grounds and unfortunately did not delete from where he had got it drafted”.

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Stressing the need for vigilance, the judge said one needs to be careful and cross-check.

“We need to have some guidelines, ways and means… at least a limited quantitative and qualitative aspect could be taken care of.”

On the purpose of the conference, Justice Masih said that the platform would help the judiciary “share so many things” and collectively evolve solutions.

Sharing similar concerns, Sheel Nagu said, “The rule of law is not an abstract expression. It is what assures every individual that justice will be administered fairly, consistently, and impartially.”

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Highlighting the changing landscape, Punjab and Haryana High Court Chief Justice Sheel Nagu said, “Technology has entered every sphere of life and the justice system is no exception. Court processes are becoming digital, records are increasingly electronic, and communication is faster than ever before.”

While acknowledging the benefits, he cautioned, “Efficiency and speed are important, but they cannot be pursued at the cost of thoughtful adjudication,” adding, “Technology may assist the process, but the responsibility of decision-making must rest with the judge”.

Also present at the event were National Judicial Academy Director Justice Aniruddha Bose, Justice Suvir Sehgal and other judges, along with Himachal Pradesh High Court Chief Justice Gurmeet Singh Sandhawalia.

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