February 17, 2017

Understanding code words used in court conversations.

If you feel bored by sitting in Court, if conversation there makes no sense to you, perhaps you may not be reading Current Law Reports.

In Court Rooms, the Judges and  the Lawyers discuss cases in code words.

For example, here is a small conversation between Judges and Cousel which is in code words.

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Lawyer: Sir, my point is about Sanction.

Judge : This point is covered against you.

Lawyer: But now after Nagappan in 2015....

Judge: Ok. Then show what is failure of justice?

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Now this conversation may make no sense to a layman or to a lawyer who does not read current law reports. Here, you do not know which law, which section, which offense is involved. You do not know why Judge asked about failure of justice. You do not know who is Nagappan and what he has to do with this case and you do not know what he did in 2015.

So you may start feeling bored.. You will prefer to go to canteen and to have a cup of tea.

But if you are keeping your knowledge of Law updated by regularly reading Current Law Reports, the whole conversation will make sense to you.

You will remember that Nagappan case in 2015 deals with defective Sanction under Sec. 19 of Prevention of curuption Act. So the case must be about corruption.

When Judge said that "point is covered against you", he meant to say that law is well settled that higher Courts will not reverse a conviction if Sanction is defective.

When lawyer said, "But after Nagappan in 2015.." he meant to say there is a shift in settled law after Nagappan Case.

When Judge said,"Ok, show me what is Failure if Justice?" He meant to say that he is aware about Nagappan case, but that case says higher Court will interfere only if there is a Failure of Justice. So show me where is Failure of Justice in this case.

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Moral of this story is: You may feel bored in a Court Room if you do not read current law reports. The conversation in Courts, particularly in Supreme Court, will make sense to you only if you are keeping in touch with current law reports.

Haresh Raichura 18/2/17