How Good Drafting Can Impact Case Fate : Supreme Court Judges Give Advice To New AoRs

Supreme Court Judge, Justice Suryakant, while speaking at the  AOR facilitation function by the Supreme Court Advocates on Record Association (SCAORA) advised AORs to master the art of "convincing drafting". He stressed that an AOR should specifically know when to disclose what while, making sure that relevant facts are not concealed from the Court. He said :

"Disclose all those facts which are required to be disclosed, but don't say anything without which your case can stand. So it's not necessary to repeat anything which need not be mentioned. But at the same time, do not conceal something which requires to be disclosed."

"That balancing part is the art of drafting. The art of drafting doesn't come in institutes, in law schools it is not taught."

"You understand that, when I say you are the life line ( of the Supreme Court) because it is through you that the fate of the consumer of justice, a litigant - will lead to a judge to form an opinion. So that onerous responsibility is on you." He added.

Justice Kant, sharing his experience as a first-generation lawyer when he started his practice. In one of the crucial cases, he drafted a petition and went to engage a senior counsel to argue it. He explained that because of his efforts in ensuring the quality of drafts, his work was widely recognised. He underlined the value of focusing on the art of drafting for young lawyers as a springboard to expand professional opportunities. He said : 

"When the senior counsel, he retired as the Chief Justice of the High Court, when he saw my drafting, he got fascinated and he said that - alright Surya Kant, do you mind if I send you some important briefs for drafting, I said- sir it will be great opportunity for me.....

"So at that time, when I got Rs.500 from my clients, he would send Rs.1100 in an envelope only for drafting purposes. So a message spread in the High Court that this boy is very good in drafting, so 7-8 leading lawyers started engaging me in drafting. I was the direct beneficiary of the time I really devoted on the quality of my drafting!"

In another instance recalled by Justice Kant, he shared how once he redrafted an entire bail application brought to him by a junior. He pointed out that in the bail application, the counsel disclosed his defence arguments which shouldn't be the case. Instead, he redrafted focusing on the facts of the case and FIR details. He stressed that drafting should be done keeping in mind a sequence of logical convincing : 

"When you draft a petition, your narrative of facts should be like that, that when the judge or anyone reads the first paragraph, he must get a curiosity to read the next paragraph also. Events must be so connected to each other that eventually you persuade a person to read up to the last paragraph. If you develop that kind of art, I can assure you that 50% of the case is won by you!" 

Justice JK Maheshwari, who also attended the event, opined how drafting plays a crucial role in deciding a case. While a well-drafted petition can convince the bench to hear the matter, a poorly drafted one can work to the contrary even if the case had substance on merits. He explained :  

"We go through briefs every day, and when we go through the briefs you can find out how much labour has been put by an AOR in every case. And sometimes, its my experience, we find that there is not much substance (in the case) but we find that the pleading and the crisp grounds...we come to the conclusion that let us issue notice, and after issuing notice, we should think what should be done." 

"This shows, how out mindset is influenced by the pleadings brought on record. Sometimes, I see converse to it- they may have a good point (in the case) but nothing is on record and the point is not properly pleaded and convinced - the mindset is, no, the findings of the High Court are on record, we will go with that.

Now it is your responsibility which way you would like to be referred by the bench and you decide" 

Justice KV Viswanathan briefly congratulated the AORs for passing the examination and reminded them that "Just as with power comes responsibility, recognition also comes with a lot of responsibility—so I am sure you know of your responsibilities. It's the time to celebrate, but do recollect and keep it in the corner of your mind that you have a duty towards the institution also." 

SCAORA President Vipin Nair , Mr. Amit Sharma, Vice President, SCAORA, Secretary Nikhil Jain were also present at the event. 

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