The Science of Law

While contemplating on my previous blogs, I wondered whether I am doing justice to my intellectual pedigree by ignoring ‘it’ brazenly. How much Engineering intellect hovers in my mind, still the fact is Law- the profession runs in my blood. It’s tantamount that through these blogs I pay the tribute to the profession which once was aspired by elite students and best brains in the country. Call it a flaw in our education system or sheer mismanagement that the profession that requires the best of logical and analytical brains has to be mostly content with people who see it as last option. Interestingly while the policies and media concentrate towards IITs, IIMs increasing their fold, there is hardly any buzz of setting up an institute of that stature in field of Law. I am neither a policy maker nor an influential thought- processor who can change the way government perceives a thing. Instead what I would do is to substantiate the point I pen down the memoirs of most memorable of cases that I had the opportunity to come across through my father...It’s a precarious alley to tread in for I am hardly anything but a novice when discussing about such a refine subject. Yet I take courage to commit a seemingly delinquent act as a mark of respect to my family profession. It was mid seventies. Still the society coming to the terms of anarchic rule of Indira Gandhi and her cronies. Mahesh Saxena a young ingenious Science graduate progressed to obtain an LLB degree from the renowned Law College in Bhagalpur. Following illness of his father he had to quickly mature into an independent advocate with hardly any tenure of apprenticeship. His father, a leading criminal case lawyer had set up an enviable reputation to live with. The cases which were destined to be handled by the seasoned professional were now in the laps of a tyro. This was the first case of Mahesh as a defense counsel. Balwant Singh, a septuagenarian. and an influential farmer , was accused of stoning his neighbour Ramdev Yadav to death. Police had lodged the FIR stating that Ramdev Yadav was smashed by heavy boulder repeatedly. The Civil Surgeon, Dr Srivastava confirmed the reports stating multiple injuries found on the head and spinal cord area. Though there was no witness to second the FIR, yet Civil Surgeon’s observation was considered in metaphorical terms The Golden Truth Frankly stating it was one of those proverbial Open and Shut case were defense stood hardly any chance. The Crown counsel forwarded the case in the court of District and Sessions Judge and it was the final day of hearing.. The Public Prosecutor presented the case citing all the evidence that implicated Balwant of perfidious act and murder Now it was turn of defense counsel to put his last foot forward. Up stood Mahesh, in his late twenties and the juvenile countenance suggesting apprehension, anxiety but full of exuberance to take the bull by the horns. The court atmosphere usually is far from that hackneyed portrayal shown in movies where a judge behaves everything except like an arbitrator whose sole task is to curb the cacophony created during the proceedings. Infact the environment is far more amiable, humorous and quite fascinating where judges never restrain to take a dig at the lawyers or witness. “Sir, my client Balwant Singh, son of Anant Singh, residing in village Khusropur in Bhagalpur district has been accused of Murder of certain Ramdev Yadav.” were the first lines that Mahesh spoke. “Sir , the police has found certain set of evidence and the Civil Surgeon Dr Srivastava has stated in his observation that the police’s findings are correct. I request you to kindly summon Dr. Srivastava on witness box.” Judge acknowledged the request and Doc was brought to witness box. The Civil Surgeon of a town used to be one of the venerable figures and it was implicitly understood that any queries to him should be coated with a sense of deference and politeness. “Sir, in which year did you get your MBBS degree?” notwithstanding the stature of the persona, Mahesh threw his first bait. “What do you mean by “which year”. Mr Advocate you must understand that I have dealt with kids like you on numerous occasion and know what you lawyers are upto”.. Retorted the doctor “Very true sir… You must have seen thousands of lawyers across the generations. But there is a slight difference from the past generation lawyer to the newer breed...We new entrants are basically science graduates who got into this field...so our understanding might be slightly different to the one you encountered earlier..” Mahesh replied back in a calm manner. There was a grin on the face of judge for he was expecting something spicy to follow. “Very well...let’s see…what you fellas are upto..it was in 1953 that I did my MBBS” Doctor replied in a brusque manner. “Sir, did you have physics as one of your subjects at time of entrance?” Mahesh queried. “What the hell you are upto? How this is related to the case in any way? And by the way for your information you got to have Physics as your main subjects during intermediate. Judge sahib, I presume your lawyer has certainly lost his senses” scowled the Doctor visibly irritated by these abrupt nature of questions. “Yes..Mr Advocate..how these questions are related in any way to the case. And why you are harassing and wasting poor doctor’s time” Judge queried with a wry smile on his face “Sir…it is indeed related to the case...and I ask the question because during his time a student can get into Medicines with English, Biology and Chemistry as his majoring subject”..the defense replie calmly “Very well...go ahead with your questions..” Judge gave the approval “Yes …Doctor sahib... did you have Physics as a majoring subject in your intermediate days” “I...I did have “ Doctor replied “Very well…then you must be aware of the term Momentum in physics” The defense counsel asked the doctor with a smile on his face “Yes…” replied doctor “So what is Momentum doctor?” was the next question of Mahesh “Momentum..er. Momentum is momentum” repled the Doc abruptly “I would like to know the definition...doctor sahib” Mahesh insisted “Very well…Momentum is something…like speed plus weight” replied doctor vaguely “No sir you are wrong!!” Mahesh gave a stern look in doctor’s eyes. “Then what’s Momentum?” Judge demanded to know “Sir… Momentum is product of mass and velocity” Mahesh politely replied “Hey...you lawyer… speed and velocity are same and it was just a slip of tongue” Doctor gave a harried reply “Sir...if you had read physics in your intermediate days..you would never have said the thing..both are different entities...” Mahesh replied “Anyways” Mahesh continued sighting the doctor’s confidence now completely shaken ”So by law of Physics Momentum is product of mass and velocity. Hence for high Momentum the Mass should be high...Right doctor?” “Y...Yes” Doctor said “This means for high momentum along with mass the velocity should also be ‘high’?” Mahesh continued. Now playing with doctor’s confidence and also the definition of the Newtonian term. “Yes..it’ s true” doctor was now caught in the trap “This means if a person has to b pelted to death by stone…he has to throw the boulder of high mass with a very high velocity to get that ‘HIGH’ momentum to kill the person”. Now Mahesh personified assurance along with confidence “Yes..that’s true” Doctor gave timid reply “Sir..the accused Balwant Singh..what’s his age?” Asked Mahesh “About 75-76” blurted out doctor “Does the physique and health of the person suggest that he can lift and throw a heavy boulder with a high velocity to a person so that person gets killed?” “No…it’s not possible…he has got a frail structure” replied doctor “That’s it ..My Lord..the civil surgeon accepts the fact that the Accused doesn’t have the strength to lift and throw such a heavy boulder to crush a person to death.Then how can he be punished for a crime which he has not committed..there is no other evidence to suggest the fact that he is the culprit..hence I request to kindly order a reinvestigation of entire case and acquit my client of the charges” were the final statement of Mahesh the defense counsel. “Seeing the lack of evidence and statement given by Civil Surgeon, I order the Police Superintendent to reinvestigate the entire case and bring the culprit to book. I order the acquittal of Balwant Singh, son of Anant Singh of the charges and as per probation of six months he needs to report to local police station once in a week.The court is adjourned” The Judge dismissed the proceedings with this judgment Mahesh Saxena had got one up against the odds to notch an improbable victory for his client and more so for himself. That was Science of Law for you. God bless Newton’s Momentum and his law of motions.