Irrelevant Cases cited by Lawyers in Defence in Trials
It is observed that quite a number of lawyers cite a large number of such decided cases in support of their prayer, which in effect have no relevance or substance in their support. Shockingly in some of the cases, the case laws cited were in effect negating their own cause.
In an extreme such instance I saw that one of the defence lawyer cited around 29 cases in support of his application for dismissal of the criminal complaint against him. The Trial Court took 2-3 dates for giving a reasoned Judgment of dismissal of the complaint, after going through these cases. While doing so, the trial Court awarded heavy costs against the accused involved and even made a mention of the delaying tactics in the order.
Against this dismissal order of the trial Court the accused filed a revision in the DJ but surprisingly once again he filed around 42 cases cited in his favour during the arguments! The result was that the Revisionist Court did not get the time to read the Judgment cited and kept on giving dates after dates and ultimately the Judge got transferred and the case is languishing, with the net result that the accused succeeded in his ulterior motives and delaying tactics.
There is another point to this. While tagging so many Judgments the accused Lawyer barely discussed anything about how he consider these Judgments to be of any help to him!
Such a Stae of affair could be
1.Due to inexperience or lack of understanding of the issue involved on the part of the Lawyer or
2.Deliberate attempt of intelligent & experienced lawyers to get the Judge, being a human, so much bogged down & exhausted with the irrelevant that he may not be left over with the energy required for a proper application of mind to the relevant!
Learned members are requested to kindly give their opinion on
1.Is there any weapon with the Court /Law which can prohibit such irrelevant intrusion upon Court’s time?
2.In the Lawyer not required to tender the logic or reasons as to how the Judgment tagged by him come to his rescue in the trial?