Recently, CJI publicly disapproved the manner in which some Senior Advocates are addressing the Apex Court.
I wish to write here on 1) Level of voice 2) Quality of Argument and 3) Methods of Ace Lawyers as read in Readers Digest.
Level of Voice
1) 26 years ago, I was practising in High Court. I had came to argue my first case in Supreme Court. It was Court No. 6. Judges were Justice (as he was then) M.N. Venkatchalliah and Justice P.B. Sawant.
In middle of arguments, Justice P.B. Sawant asked me to lower down my voice because my voice was so loud that it was being heard from Delhi to Ahmedabad. He said with light humour.
I realised my mistake. In high courts, when we argue, we are also possessed by emotions aroused from facts. Our voices have high pitches.
In Apex Court, manner of addressing court is in much polite and in a detached way. Here you are not supposed to argue in loud voice. This has been convention here since many decades.
2) Quality of Arguments.
In above case, Judges said, you have lost in all 3 Courts. There is nothing in your case. Why you have come.
I said, my client wanted to show to Your Lordships a photograph which he has since 1945.
Judges said, how can we see photographs in Supreme Court? What is there in photgaph?
I held out photograph in my hand and said, "In photograph, a British Officer is sitting on horse. My client is standing before him. Officer is saying that this quarter is now yours. Since then my client is in possession of this quarter. And yet, all Courts have wrongly held that my client is a trespasser!
My Argument was over.
It touched conscience of the Court. Justice M.N.Venkatchalliah said, "Now we will have to hear this case. Otherwise your client will say that British Judges were better than us".
Then the case was explored by Court for two hours.
The point I wish to make is this: In Apex Court, you are not supposed to argue facts and niceties of laws. You have to address their lordship's conscience of justice. This is a subtle art.
3) Method of Ace Lawyers which I read many years ago in an issue of Readers' Digest.
The method is : If you have no case, abuse the Counsel of other side. And if you are losing your case abuse the Judge.
I have seen many Ace Lawyers using these dubious methods.
I too disapprove these methods.
Haresh Raichura
27/9/16
