Monday 6 August 2018



Sophistry - 1
The skill , called sophistry, has made new highs, more surprising spikes than stock market nifty - sensex ever made or can imagine of.
TV debates are the best example . Each day we see this skill displayed audaciously, as though slapping viewers' cheeks with impunity.
Higher than the sophistry levels must have soared high another thing , inconspicuously, I thought. That is tolerance level. Viewers'. Years ago, kids used to laugh, asking me what made me staying glued to the TV screen when the serial 'Chabdrakanta' used to be telecast. I curiously watched it to gauge the possible height of stupidity that a story could outpour. That was my reply which never convinced the kids who, as grown ups tell me that sophistry has its roots in the products which the electronic media has systematically trained it's viewers to get conditioned to.
(Cont.   )



Sophistry -2

Just the other day, I got my answer. A visibly matured counsel who claims to carry out arguments across the country , in district and high courts besides tribunals, was making submission before an ex judge of high court, presiding an arbitration tribunal.
The counsel referred to a police closure report ( not charge sheeting a criminal case) filed before the Chief Judicial Magistrate, and argued that the issue of civil dispute with regard to that would be barred by res judicata (previous adjudication of the same matter).
Police Report constituting res judicata? Flabbergasted I asked, questioning whether even  an Adjudication (which a police report is not) by a criminal court could have any bearing, far less res judicata, in a civil proceeding where nothing at all would be cognizable out of the criminal proceeding, save and except it's factum.
The judge didn't react, either way, unlike a law academician engaging a law student in a viva vice burst out when the candidate had answered in the affirmative, justifying this way. An adjudication was a case decided any way, no matter , in which jurisdiction, criminal or civil.
But I, for one, did not burst out but simply quizzed whether an argument of this kind could be tolerated by the courts he said he addressed?
Even to this , no sharp reaction was registered.
That made me realize, finally , that sophistry is all set to make new highs.
(Concluded)

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