Heya guys, This is my opinion about the issue: Wikipedia can be quoted only if the text being quoted has been backed by a verified, reliable reference. Thus, the authenticity of the content depends on the reference. In this case, if the SC is referring to Wiki, it should have a ref behind it. If we can zero in on WHAT they have quoted and WHICH article it comes from, we can maybe give the article more reliability, (if it doesn't) . Regards, Srikanth Ramakrishnan (rsrikanth05)
On 25 October 2010 12:16, CherianTinu Abraham tinucherian@gmail.com wrote:
More stories on this Times of India : " Can Wikipedia be the basis of SC ruling? " http://timesofindia.indiatimes.com/india/Can-Wikipedia-be-the-basis-of-SC-ru... Outlook India blog : http://blogs.outlookindia.com/default.aspx?ddm=10&pid=2358&eid=5
Thanks Tinu Cherian
On Sat, Oct 23, 2010 at 4:20 PM, Anirudh Bhati anirudhsbh@gmail.comwrote:
Hi,
The judgment can be accessed here.[1] Please refer to para 33. There have been over 50 instances in the past where the courts of India (including the Supreme Court and High Courts) have cited Wikipedia in their judgments.[2]
The Supreme Court of India has commented on Wikipedia as a source of information[3]:
"Wikipedia, like all other external aids to construction, like dictionaries etc, is not an authentic source, although the same may be looked at for the purpose of gathering information. Where an express statutory definition of a word exists, a Wiki definition cannot be preferred. It cannot normally be used for the purpose of interpreting a taxing statute or classification of a product vis-a-vis an entry in statute. However, as a source of authority, Wikipedia is frequently cited by judges around the world. This is not restricted to India alone. The New York Times reports that beginning in 2004, more than 100 opinion in the States have cited Wikipedia, including 13 from federal appeals courts. Is this a good thing? There's a split of authority."
As for the use of Wikipedia links and summaries in courts, this practice is not exclusive to India. US judges have been citing Wikipedia in their orders and judgements all over including up to the level of the Federal Circuit Courts.[4]
Mention in liveMINT: Wikipedia Justice[5]
Status on WORLD DOMINATION? Almost there. :)
Anirudh Bhati
00 91 9328712208 Skype: anirudhsbh
[1] http://indiankanoon.org/doc/1521881/ [2] http://www.indiankanoon.org/search/?formInput=wikipedia%20doctypes:%20judgme... [3] Supreme Court judgement in M/s Ponds India Ltd. vs Commissioner of Trade Tax (2008) http://www.indiankanoon.org/doc/1358324/ [4] http://www.nytimes.com/2007/01/29/technology/29wikipedia.html [5] http://www.livemint.com/2010/10/22225322/Quick-Edit--Wikipedia-justice.html?...
On Sat, Oct 23, 2010 at 2:39 PM, Arun Ram arunram25@gmail.com wrote:
Dear all,
The following media reports of wikipedia being quoted a recent Indian Supreme court case may be of interest to some of you.
Supreme court Judge Justice Markandey Katju referred to some of the common tenets of the *Common Law Marriage*http://en.wikipedia.org/wiki/Common-law_marriage - quoting from a Wikipedia entry.
The judgement turned controversial with the only woman Additional Solicitor-General attached to the Supreme Court, Indira Jaising, taking exception to the use of certain words to refer to women in the Supreme Court judgment.
Links to media stories: http://www.thehindu.com/news/national/article843120.ece
http://www.bbc.co.uk/blogs/thereporters/soutikbiswas/2010/10/indias_changing...
References: http://en.wikipedia.org/wiki/Markandey_Katju http://www.supremecourtofindia.nic.in/judges/bio/sitting/mkatju.htm
This is FYI.
regards Arun
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