LI Network
Published on: November 29, 2023 at 12:20 IST
The Allahabad High Court recently voiced its disapproval of the common practice among lawyers of presenting multiple case-laws without effectively linking them to the specific facts and circumstances of the case at hand.
Justice Subhash Vidyarthi, presiding over the bench, remarked that this practice not only wastes the precious time of the court but also creates unnecessary hurdles in the swift dispensation of justice.
The court’s dissatisfaction was articulated in response to a particular instance where the counsel for the applicant, during a plea for bail under the Arms Act, submitted a compilation of 13 judgments, spanning 242 pages, without providing an index.
Expressing dismay, the court noted, ‘an increasing tendency of supplying multiple case-laws, without connecting the same to the facts and circumstances of the case in hand is being observed nowadays.’
Counsel Pranjal Khanna represented the applicant in this case. The court emphasized the need for a more focused and concise approach, suggesting that presenting a proposition along with supporting case-law would be more effective.
The court discouraged the practice of supplying extensive case-law without a clear proposition, stating that such an approach neither adds value nor expedites the legal proceedings.
The court emphasized that legal practitioners should resist the temptation of citing numerous case-laws on a single point, as it often does not contribute meaningfully to the proceedings.
The aim, according to the court, should be to assist the court in reaching a decision efficiently, without unduly consuming its time.
In concluding the matter at hand, which involved the rejection of bail, the court underscored the importance of considering the nature of allegations, the evidence presented by the prosecution, and the potential influence the applicant might have on witnesses if released on bail.
The court held that these factors warranted the denial of bail to the applicant, Abbas Ansari, considering his status as an expert shooter and a Member of the Legislative Assembly.
Case title: Abbas Ansari vs State of UP