BVG rao (IC) 14 May 2015

Higher courts modifying lower court decisions

Sir / Madam,

I'm not from law background. However due to the interest I've in knowing law related matters, I joined this website few months back.

As I'm not from this back ground, I request your help in understanding recent happenings.

Recently in some cases e.g. Salman Khan or Satyam computers or some other scams etc, higher courts modified (cancelled/postponed) the judgement given by lower court within very short duration, compared to the time spent by lower court in giving their judgement after recording multiple statements from so many involved people / witnesses. Though I do not have any questions regarding power of higher courts over judgements of lower courts, just wanted to understand how can higher courts modify the judgement given by lower courts, so quickly (within very short span comparatively)?

What factors would play major role in such scenarios? Also in such cases, what is the value of discussions that were considered by lower courts for so long time from so many witnesses, which lead to the judgements that they gave? Will all of them still be considered by higher courts before modifying the punishments?

Thanks,

Venu

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bsrao 14 May 2015

Your interest is genuine. Such reversal of judgments happen when you have access to good lawyers (meaning good money). An element of nexus cannot be ruled out. All judges to High Courts are appointed by one political party or the other and these judges eventually become judges of the Supreme Court. The system is so archiac, if a Judge decides on a favourable or unfavourable judgment, he/ahe can quote and interpret excellent case law while delivering a convincing judgement. Reading the judgment, at times, tell us whether the judgment is fair or not. All lower court judgments and time will go to naught.