Lawyer without brief is like Tendulkar without his bat on cricket ground: SC
New Delhi, Oct 28: A lawyer without a brief is like Sachin Tendulkar without his bat on the cricket ground, the Supreme Court Thursday said as it advised a young lawyer, who had recently got enrolled as an advocate to read the case files whenever he is to appear before a court.
A bench of Justices DY Chandrachud, Vikram Nath, and BV Nagarathna, which was about to rise for lunch break asked the young lawyer, who was seeking pass over due to the absence of his senior to make submissions as it will help in advancing his career.
"You must have done moot court in your college. Treat this as a moot court. We have 10 minutes to rise for lunch. You must have read the brief. Please argue. We know you can argue. You must avail the opportunity of arguing the matter whenever your senior is absent. A lawyer without a brief is like a Sachin Tendulkar without his bat on the cricket ground", the bench said.
A moot court is where law students argue imaginary cases for practice. The top court then asked the lawyer what he does in the chambers and whether he reads the case files. "You must always read the case files and be ready with the briefs whenever you are to appear before the court.Now, please start arguing. We will help you. You can start with the synopsis," the top court told the young lawyer.
When the young lawyer started reading the synopsis of the case which was related to some dispute about taxation, the bench frequently asked the meaning of certain words and even went on to explain the meaning of it to the young lawyer. When the lawyer read the word 'cogent' the bench asked the meaning of it which he failed to answer.
"Take out your mobile phone. Now, Google the meaning of cogent and tell us what it is", the bench said and added that it is rational, convincing, or compelling. In a rare scene, the bench went on to explain the meaning of several such words like 'Merchant Trade Taxation', 'entity', and others.
The bench even asked him whether the Jabalpur bench of Madhya Pradesh High Court is a principal seat or a bench and what is the difference between the bench and the principal seat. "Now, we are rising for lunch. Utilise this time in reading the case file and you will argue the case", the bench told the young lawyer. The matter was argued by senior lawyers in post-lunch sessions assisted by the young lawyer and the bench reserved its verdict.