This may interest only to Lawyers and Judges.
When a Senior Advocate argues in Court, certain standards are expected from him. One Such standard is an assurance that Senior Advocate will not make a false statement and will not actively or passively try to mislead court.
This poem gives one sided, rather dull view. There are very high standard Senior Advocates also.One day, I will try to write about them also in order to balance the picture.
Three Senior Advocates
(An Imaginary Piece
Inspired by three hearings
In Supreme Court some months ago)
(1)
A day in Court
Judges were hearing a multicomplicated
group of cases
One judge looked at the Prominent Senior Advocate
Who was arguing lucidly
Since last three days
And then the Judge confronted him,
"Yesterday we put a specific question to you
Whether matters of Mr.X petitioner
Are also part of this group.
Junior advocate on other side said 'No'
But you empathetically said
YES.
We proceeded on basis of what you
said.
And now you are saying that
Petitions of Mr.X are not part of this group.
Explain this."
Senior Advocate denied that he had ever
made any such statement
And then he tried to explain
what he had actually meant by
what he had said.
And then,
he gave up futile efforts
and candidly admitted,
'Al'right. If i said that I said that.
I cannot escape away from that.
But the fact remains,
Petitions of Mr. X are not part of this group,
And they have to be heard separately
As they are led by other prominent
senior advocate'
Judges recomposed their thinking
And continued to focus on merits of case.
(2)
Another Day in Court
Matters were listed for admission hearing
As the matter called out,
Judge said to Senior Advocate,
"Your appeal is pending.
You argue your merits there.
Why should we interfere here.
You better go there."
"Appellate Court has already
found in my favour"
Senior Advocate emphasized
For a split second,
The judge was taken aback.
He re-looked at his notes and shot back,
"Mr. Counsel, why do you say
so?
That finding was in an appeal
from an interim order.
Your main appeal is still pending.
How can you say that
Appellate Court has already found
in your favour?"
After an anguished pause,
Judge dismissed the matter and said,
"Mr. Counsel why do you make such statements
When you know that we come
thoroughly prepared?"
Counsel said nothing and moved on
There were some other matters to do
in some other courts.
(3)
A Final Hearing Day
As the case was called,
A junior lady advocate started her case
And started to explain what was the appeal about.
Immediately, a young Senior Advocate rose from other side
And interrupted bluntly,
"An another appeal arising from the same impugned judgement
Has been already Dismissed by this Court."
His three other assisting advocates also nodded to support him.
Judges turned to listen to the
senior advocate.
Lady advocate tried to say
something
But judges asked her to wait.
"Did you say that another appeal arising from the same impugned
judgement
Has already been dismissed by this Court?"
Judge wanted to be sure.
"YES. An another appeal arising from same judgement
Has already been dismissed by this Court"
Senior Advocate vehemently submitted.
His three assisting advocates also nodded vehemently to support him.
Judges turned to the young lady advocate asked,
"Then what is the point in hearing this appeal
When other appeal has already been dismissed".
"It is pending. My Lords."
said the young lady advocate
And handed over computer report.
Judges looked at the report and then asked Senior Advocate,
"She says that it is pending.
What have you to say?"
Senior Advocate looked puzzled.
He started looking at three assisting advocates
And three assisting advocates
Started looking at one another.
No one had any answer.
Judge gave them an advice
“Never make a false statement in Court.
The Judge will always remember you.”
Young Senior Advocate just smiled.
The Judge himself was going to retire in a month.
What difference does it make!
He thought.
The Judges again turned to young lady advocate
And started hearing her appeal.
-Haresh Raichura
18.11.2011
P.S. I have forgotten names.
(Uploaded on blog on 24/4/2012
