"Good cross-examiners should be carefully watched."

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  • Опубліковано 5 січ 2011
  • This video is the second part of Aju John's interview with Mumbai-based Senior Advocate Majid Memon.
    "During the past few years, particularly after the opening of the twenty first century there have been good reforms. The Supreme Court, Prime Minister, Law Minister and others concerned have been taking cognisance of the fact that justice delayed is justice denied is becoming a reality in India."
    Delay of justice will invariably lead to denial of justice. Our justice system is crawling at a snail's pace, he said. Setting up of fast track courts, and the expansion of courts, is the need of the hour. Kasab's case is an example of quick disposal of cases. The Bombay blast case took almost fifteen years.
    "The art of cross-examination is the greatest art. Exploration of truth is the mission of a trial. The ultimate end is to get to the truth so as to be able to do justice. The truth can only be arrived at during the trial by the art of cross-examination. Cross-examination is the most vital aspect of a trial."
    "Young lawyers must sit and observe cross-examinations. Good cross-examiners must be carefully watched. The young lawyers must devote some time to pick up a few lessons from the learned seniors, and books."
    "Criminal law was such that it did not need any background. For a few years I was attached to the Magistrate's courts. When I started working in the criminal side, things went so fast that I had no time to think of anything else. I have also worked on constitutional law and human rights cases. It is not that I am ignorant of the other spheres of law."
    "I have represented Anand Jon in the United States, worked on the extradition of Nadeem in London, and worked on cases in Portugal also. As far as I am concerned, I do not interact on a personal level with any of the clients. I confine myself to the brief."
    He also spoke about the conduct of trials under special laws. "Under special laws, there are special provisions. When you are defending a person who is charged of an offence under the special Acts where special powers are given to the prosecution, more intelligence and wisdom is needed to defend such a person. TADA was grossly misused. I was very instrumental in getting the TADA repealed. It was not a good piece of legislation."

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