Tuesday 9 August 2022

Supreme Court: Silence on some occasions is also an argument

 No one expects a lawyer to be subservient to the Court while presenting his case and not to put forward his arguments merely because the Court is against him. In fact, that is the moment when he is expected to put forth his best effort to persuade the Court. However, if, in spite of it, the lawyer finds that the court is against him, he is not expected to be discourteous to the court or to fling hot words or epithets or use disrespectful, derogatory or threatening language or exhibit temper which has the effect of overbearing the court. Cases are won and lost in the court daily. One or the other side is bound to lose. The remedy of the losing lawyer or the litigant is to prefer an appeal against the decision and not to indulge in a running battle of words with the court. That is the least that is expected of a lawyer. Silence on some occasions is also an argument. The lawyer is not entitled to indulge in unbecoming conduct either by showing his temper or using unbecoming language.

Supreme Court of India
In Re: Vinay Chandra Mishra (The ... vs Unknown on 10 March, 1995
Citations: AIR 1995 SC 2348, 1995 (1) ALT Cri 674, 1995 CriLJ 3994, (1995) 2 GLR 992, JT 1995 (2) SC 587, 1995 (2) SCALE 200, (1995) 2 SCC 584, 1995 2 SCR 638, 1995 (2) UJ 93 SC
Author: P Sawant

Bench: K S Verma, P Sawant
Read full Judgment here: Click here
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