Bindingness of criminal case judgements in criminal law

S-236 If Superior Courts will say that "All judgements in Criminal Cases are in facts of those cases and are not precedents for other cases where facts are dissimilar"...then there will be chaos and uncertainty in all criminal cases unless such words are understood in proper context.

When a lawyer will cite precedents in trial court, the judge can disregard all those citations by writing one line that "facts on those cases are different".

Thus all precedents will lose their persuasive value. Stability in law will become subjective and outcome of case will be different as per subjective views of different Judges.

The truth is all judgements are given in the context of certain facts of each case. But underlying principles of law and of evaluation of Evidence remains the same.

Even when facts are different, the law and observations and principles discussed by superior courts are still supposed to have some binding value on lower courts to prevent uncertainty in Criminal Law.

Perhaps some balance can be found between Cetainity of Law and Certainty of Justice. Reasons are the only footbridges to Certainty.

Haresh Raichura 31/7/17

S-229 Test of your strength begins when someone gives you a seat of power.

Test of your strength begins when someone gives you a seat of power.

Suppose an honest man is given a post of a High Court Judge. What happens from next day?

Serpents of Temptations start circling him from the moment he sits on seat of Justice.

These Serpents of Temptations are deadly. They will attack him when he may have a moment of weakness.

And the corrutors? They start circling him like a whirlpool of Black Oil.

Their aim is to somehow tame you and to make you corrupt.

If you refuse to be corrupt, a campaign of false allegations will begin to brand you as corrupt.

Gradually, for persons who are honest from core, strenth begins to come from the Chair of Power itself. They begin to learn the art of balancing the Good and The Bad.

To do this they have to rise above both, the Good and the Bad.

But whatever he may do, this is like walking on edge of sword all the time. One false step and he goes all the way down, down and down.

A Judge really feels relieved from this tension only when he retires.

If you are a Junior lawyer, preparing for judgeship, it may help you to think over this in advance to be well prepared to fight against the Serpents of Temptations.

Haresh Raichura 26/7/17

S-228 Giving Traing to Junior Advocates.

Giving Traing to Junior Advocates.

Some Senior Advocates have some methods to train new junior Advocates who join their office.

These methods are of two types:

1) You are given a file. You have to sort out papers chronologically as per dates.

Then against each document, you have to write in a paper whatever you think fit.

This practice will sharpen your ability to comprehend documents and to restate what you comprehend.

2) In second method, junior Advocate is asked to sit in court and to hear arguments of any given case and to make whatever notes he wants to make. These will sharpen his listening skill, comprehension and restating skills.

The Senior Advocate may or may not see these notes. He may or may not give any feedback or guidance on how to make better notes.

And yet, these methods automatically improves skills of Junior advocates.

Haresh Raichura 25/7/17