December 17, 2013

Reasons : Why opinions in media and affidavits which are not cross examined are ignored in courts of law

If your views are based on opinions of majority or on affidavits which are not cross examined by other side, probably you may be wrong.

We allow ourselves to be constantly expose ourselves to media reports based on presentation of selective facts and gossips.

We know what is gossip. In media, to propagate some gossip, they often use words like "From reliable sources".

In a court room atmosphere is different.

Here there are at least two contesting sides. Each side is keenly interested in proving other side wrong.

Each side is given time to present whatever facts they want to present. If some crucial facts are missing, judges have power to call for such facts.

Here, if one party states something or files an affidavit, other party is given chance to challenge it by way of cross examination. Affidavits where other side is not given chance to cross examine, are ignored from consideration.

Everything is done step by step. Truth emerges slowly slowly.

Judge contemplates. Records his reasons. His order follows as per his reasons.

This is how we try to reach truth in courtrooms.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn