For Law Students and lawyers : Scope of Pillory Punishments

1/ In middle ages, a wooden plate was fixed around neck and hands of a convict, in such a that he can look like a walking banner. The hands were so fixed in wooden plate that he cannot eat or drink with his own hands.
2/ Then the convict was allowed to move in the town with wooden plate in his neck and hands.

This had dettent effact on people and there used to be less crime (Perhaps).

There are however provisions that

In present times, such punishments are not prescribed in law
3/ That certain crimes can be allowed to be compromised only with permission of Judge only.

This gives some powers to invent some new types of punishments to a Judge..

It was in news some years ago, that a political person was forgiven by judge only if he filed an undertaking
4/ that for one week, he would work as a sweeper in local hospital. A video showing his sweeping entire hospital was to be made and proof was to be filed before the Judge..

This was a modern Pillory Punishment.

#law #lawyers #lawstudents.
5/ Then some more such incidents came where accused were asked to compensate and apologies to accused as condition of bail grant order.

Then Supreme Court disapproved such conditions and such unconventional other conditions. The courts are supposed to go by procedures of
punishments prescribed by law only.

It takes time for law makers to change law.

But I think that new scintific inventions of GPS device based monitoring of accused on bail and other such conditions may come with passage of time.

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More from @Hareshraichura

Apr 16
Thread on "How NOT to open arguments in courts?"

1) These are my personal views. There are no hard and fast rules.

Every judge can react differently even if the opening statement of an argument is same.

Use your own discretion, experience and wisdom.
#lawstudents #law
2) Do not open arguments by saying that "This is a legal aid matter".

This irks most judges. You are indirectly saying to judge that 'I am obliging this poor person by taking this case, kindly be sympathetic to this litigant*.

Judge may be already knowing that this was a
3/ legal aid case. I have found that judges do not like these kind of opening lines.

Also don't begin by saying that "On last date, in this case such and such Senior Advocate had appeared and.... "

Judges do not like to be influenced in this way.
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Apr 15
Thread: For Law Students : How to select law books for reading.

1/ This is basically about how I used to select law books for study.

My past experience may not be suitable for present times.

You should select books the way it can work for you in present times.

My aim was
2/ not to "score high marks in exams for getting good jobs"

If I could clear the exam, it was enough for me.

I used to search for good books in Sunday Markets of old books.

I had some kind of allergy to books suggested by college and books that were available in college
3/ libraries. In those days I used to hear that colleges used to get commissions for buying or recommending books of certain law publishers.

So I used to search for good books in old book markets.

I had understood importance of English grammer, comprehension books. So I had
Read 15 tweets
Apr 15
Thread on Disappearing Humour from Court Rooms..

1) I once got a 1939 Bombay Law Reporter issue from old books market.

It contained a section titled "Jokes for Lawyer", "Poems for Lawyers" and "Letters to Editor by lawyers expressing their opinions on recent judgements of
2/ Supreme Court and High Courts.

Then it seemed that these sections were discontinued by law report publishers.

Then, I used to see that there was a section called Journals, articles by lawyers. Sometimes they looked like "Paid Advertisements". But some where really good.But
3/ none used to criticise judgements.

The articles lacked orginal thoughts.

They looked just like quotations from some judgement here and there on a particular topic.

These were not "Articles and original thoughts published for peer reviews".

And the humour was
Read 7 tweets
Apr 15
A thread for law students and young lawyers.

1. The real life is full of deception.

All cases of deceptions, cheating come to court.

You will also see human greed and how it grows up within close family members.

You will also see criminality, lust and other vices in cases
2/ In cases, you will see how facts are selected and reordered or presented in such a way that White looks Black and, Black looks White. Innocent can be portrayed as guilty and guilty can be portrayed as Innocent.

You will see lot of misery in litigants.

You will also see
3/ how judges and lawyers treat litigants.

And you will also see that there is nothing much you can do about anything..

At such time, read some books on history of evolvement of law.

You may find that we are far better than our past versions.

We are just pawns in the game
Read 4 tweets
Apr 15
Thread for law students who have high potentials.

1/ The world may not judge you by your potential and desire to work hard.

But I believe that every Law Student is an acorn from which a tall oak tree can grow by natural process. I believe that even without a mentor he can
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All that is needed is to remove obtactles which prevents an acorn from becoming an oak tree.

The
3/ obstacles may be like a hostile soil, lack of water supply or lack of sunshine.

How these obstacles can be removed?

We may go in a jungle and can ask an oak tree, how it removed its obstacles.

It may reply,

A) "Inspite of hostile soil, I digged my roots deep so that
Read 5 tweets
Apr 14
Thread about Image and Reputation of Judiciary.

1/ When people laugh about judgement, it is not good for you if you are a lawyer, a judge or a law student.

2/ Recently some "Captions" or "Headings" of some judgements were so framed, that people laughed at it. No one bothered
2/ to read the judgement itself..

The Courts in India have yet not their own twitter accounts to upload links to judgements in which large public may be interested. Many foreign courts have such twitter accounts maintained by Office of Court, just to upload links to public
3/ At present, as I think, courts in India, rely on private players to upload links to public interest judgements on social media.

This is a "Communication Failure". Because if a judgement contains a message to public, and the judgement does not reach public, then message does
Read 10 tweets

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