It is not easy to understand trends of Supreme Court of India Judgements.
I may be practising here as lawyer since 22 years. But those who are practising here since more than 60 Years, are also not in position to explain or to predict the way in which Supreme Court may give its verdict.
In this first part, I am trying to explain reasons for this unpredictability.
1) Supreme Court, Constitution of India and Concepts of Laws, are always evolving concepts.
They are like living organisms which grow everyday. Compare them with ever flowing rivers. You cannot put your foot twice in the same river.
2) Sixth sense of Judges.
All judges from trial court to Supreme Court have sixth senses. They write in a formal and routine way. And yet, when one judge reads judgement of another judge, he gets some kind of extra sensory perception. Sometimes, such perception are crucial. They are not found in judgement. But sometimes, judges themselves tell us about it.
These are unpredictable. And in large variety. And are not taught in law schools.
In one subsequent part, I will state, what one SC Judge told us across Bar, for not setting aside acquittal of 12 murderers, who had murdered in broad daylight, in the middle of market of a village, in presence of 100 witnesses.
Still Supreme Court declined to set aside acquittal and told us "Sixth Sense" reason, on which basis Judges decide cases but do not write those sixth sense reasons in their judgements. All judges few very experienced lawyers have also sixth senses. So they to can understand.
3) No appeal against Supreme Court Judgement and they have no need to indicate reason for dismissing a case.
These gives them freedom at elbow in giving justice in last court. But there is also a danger that this freedom can tempt them to slip into "Meri Marzee Jursdiction ( My Sweet Will Jurisdiction)
Be it whatever it may be. But the fact remains that there are reasons because of which Supreme Court Judgement Trends remain unpredictable.
(Part 1 of this series complete)
Haresh Raichura
21/4/13 at 0:33 AM