A boy misuses the trust placed on him by his girlfriend. She tries suing him, but what's worse, the law is on his side. She has already lost her face in public. Will she lose the case too?
Sreeni
The aroma of coffee roused Sreeni from her reverie and she opened her eyes to the crowded coffee room. She thanked the server for her decaf and walked out to the corridor. She placed the coffee on the railing and looked out at the tasseled sunbeams entering into the corridor through glass ceiling patterns and studied the patterns it made on the floor and the walls. For some reason, this helped her forget majority of her worries, and for some time, the battle inside her lessened.
She wondered what had taken over her in the courtroom. How had she so openly insulted her mentor? And the judge! Her behavior was despicable to say the least. She wondered how she had managed to break the impression she had built in the courtroom over her short stay here, how she had managed to break every one of the principles she had vowed to follow inside the chamber of truth. As she had walked out of the room, a few people had walked out to her and told her that she had reminded them of Nicholas. She shuddered at the very thought.
All these changes, within one week? Why? Because she was forced by default to fight a case against her mentor, the one man who had taught her everything she knew, the one who had taken her in when she had been homeless? Or because she had been forced to defend a person she wouldn’t mind strangling with her own bare hands? Default cases were bad enough without her being forced to do the one thing she hated more than anything: work against her principle.
She felt an arm on her waist and turned so fast instinctively that she sprayed coffee all over the boy. The boy just grinned, and ignored his coat as though it didn’t exist. Two of the servants behind him helped Faiz to get out of his jacket and change. She watched disgustedly. The boy made her sick. He was filthy in character and heart, and was also a terribly spoilt brat. The perfect combination to induce puke. “What do you want?” She snapped, averting her eyes to watch the parking lot instead.
“You were amazing in there! Dad was impressed. He has asked me to inform you that he wants you to be the family lawyer from now on.” Sreeni barked a laugh, “I’m honored! But no thank you, kid.” She wanted nothing to do with Faiz and his family, all of whom were as bad as him, if not worse, she was convinced. And that she had figured out before his father had come onto her.Damn you, Annan, this is all your fault, she thought. The boy looked at her slantingly, and said in a quiet voice, “My father doesn’t like hearing no’s, Sreeni.”
Sreeni blinked, and looked at the boy. He had just called her by her name. She was more than ten years elder to him at that! How could these people even exist!? “Listen to me, boy, you can tell your father that this will be the last case I ever do with you or your family, no matter how much you pay.”
That had been one of Faiz’s father’s pick up lines. Money. He thought anything could be bought with it. Well he thought wrong. She was not going to be one of his dolls, no matter which dream-world he preferred to live in. The boy smirked, came close to her, pressed her ass, and said, “Our rewards are not always monetary honey!” and walked down the corridor with his entourage of servants without looking back at her. She stared gaping at the boy. Had the boy just…? He had! How dare he? He was 16!
16! She had been molested by a 16 year old. And she could not even slap him! What was wrong with her today? She rushed into the nearest conference room, and shut the door behind her. She staggered on to the Mahogany table and sat down, banging her head onto the hard wood.
“Does it help?” A familiar voice asked, and she sighed through the tears that were beginning to well up in her eyes. “Annan, I am not in the mood to talk to you now. Please.” She said, without moving. There was silence for a moment, only the sound of her breathing and the thumping of her heart reached her ears. Then he said, “Does it help to hit your head? Should I try it too?”
Sreeni smiled despite herself, and looked at her mentor. “It doesn’t, but I would like to see you try.” It was only then she noticed the girl beside her. Sheeba was looking at her with a face painted with disgust. She sighed. She would not understand. “I blame you for this, Annan.”
“I know Sreeni. I am sorry to put you through this.”
“Why are you apologizing to that bitch?” Sheeba asked, angry.
“Because she supports you, Sheeba, and because of me, she is fighting against you.”
* * *
Annan (three days before)
I hated this part. The father of the defendant had come to our firm, and I had to default the case to someone. The worst part was that this was my case. And I had to assign my own opposing counsel. When Sheeba’s mother had come to me, I had not realized that the Boy’s father would contact our firm too. I had taken up the case, if only because it was the right side to take. The girl had been wronged, and I would get her justice.
But then, I also knew exactly how against us the case was. When I got the defendant’s case, it was clear to me that I had found my way of helping the girl. As it was the case could easily be lost, if the opposing counsel tried the loopholes in the lawbook. I could not have declared the defendant’s claim out, for Nicholas would have jumped at the opportunity, and then it would have been impossible to win the case. As it was he was a manipulator, and Norah was no less, or else she would be a submissive wife. I had taken my decision, and had kept the fact secret from the firm, only so I could help Sheeba. I now had to default it to one of the newbies. The ones in their second and third years. I had even chosen one. Except my heart wasn’t allowing me to do the dirty deed. A buzzer rang, and I called her in.
“Annan, I want to second chair you in the Ruzmani case.” said Sreeni the second she entered. I motioned her to take a seat, and busied myself in the papers immediately. This was no time to look at her and get distracted. He needed to be strong.
“I am sorry, Sreeni, I cannot allow that.” I said, flipping through the pages on the Book of Torts.
“Why not?”
“I need you to first chair for someone else.”
“You want me to fight a different case?” Sreeni asked, her voice rising, “You know how much I feel for this girl. I can help. Trust me, Annan. Please let me be part of this case.”
“You will be part of this case. Just on the other side.”
“What? What do you mean?”
“Meaning the defendants of this case have approached our firm, and I am defaulting the case to you.”
“What?! You can’t do that! You didn’t even announce the case yet.”
“Are you sure? You sure you didn’t miss it?”
“Annan! What’s going on here?”
*sigh* “I want this girl to win, Sreeni, and that is why I am assigning you this case.”
“But why me? You know I believe against that side.”
“I am sorry, but that is how things have to be.”
“You said you are defaulting it. Meaning you hid it from the firm, and now you are giving it to me.”
“Yes”
“You also said That you want the girl to win. Which basically means I got defaulted because you believe I have the least chance to win.”
“No comments”
“Annan, Do not do this to me.”
“Forgive me, Sreeni. But its done.” And I had handed her the papers.
“Why are you doing this to me Annan?”
* * *
Sreeni
“You manipulated me, Annan” Sreeni declared, “You knew I’d take it up just to prove to you that I am good enough.”
“Its done now. Its over, Sreeni”
“NO. It’s not over. Now the boy’s father wants me to represent his fucking family! His son, that bastard just touched me up and walked off as though it was the most natural thing in the world. My life is ruined now. Thanks to you, Annan. I hate you.”
“He is such a sicko!” Sheeba declared, to no one in particular.
“Its over if you lose today, Sreeni. Hang in there.”
“And how do you suppose that is to happen? Are you sure you even have a case left?” Sreeni asked, genuinely concerned about her mentor’s sanity now. “It’s not over till its over honey.” Annan smiled, “you looked at the loopholes in the law, and tied them all in a string. But one weak link, and we win.”
“I don’t see what I missed, Annan. But please win it, cuz now there are two people hanging on the line – Sheeba and me.”
Sheeba simply nodded.
* * *
Uvan
The sight in the courtroom was very different when I re-entered after the recess. The plaintiff and the defendant both were sitting emotionless, while their respective attorneys arrayed a full rainbow in their expressions. Sreeni seemed on the verge of hysterical, itching on her seat as though wanting to get away. Annan, on the other hand seemed ready to throw up. This could hardly be a good sign for the direction this case seemed destined to take.
“You may present your case.” I told Annan, and he nodded. He took up the Centre stage and half turned so he could face both the opposing counsel and me.
“Your Honor, with all due respect to opposing counsel, I would like to disagree on several counts on her analysis of this case. No case is simple. There are many factors that need to be considered, and the history that needs to be checked in with. Even so, it very hard to bring a civil case, or for that matter a criminal case down to one count only. In this case, it is impossible to tie down the charge to any one tort, as opposing counsel so smartly suggested.
We cannot call this simply nuisance, as there is no demarcated territory or land when it comes to the cyber-world and the tele-world. Traditionally nuisance is when a person is disturbed within his own land, or territory. Here I could argue that since the pictures were my client’s, misuse of her possession is an offense, except the grounds don’t hold up completely, as pointed out by counsel.
Similarly, this cannot be a case of defamation alone either as the pictures themselves act as proof that she did what she did. Nor is my client denying her actions. To be fair, this case does not hold on any single count, and it is my duty here to prove today that Mr. Khan is still liable to pay compensation.
I would like to call upon my first witness, the plaintiff herself, up to the stand.”
The count clerk announced Sheeba to stand up, which she complied with a resigned face, and took up the stand. I felt really very sorry for her. What was Annan playing at? The case was already in the open, the details out, and it was just about the legal remedy now. Why was he playing with the witnesses? Was he trying to change the case details itself? I could not see Annan ever manipulating the lawbook, but maybe that explained why he looked as though he wanted to throw up.
“Ms. Ruzmani, How long have you been in a relationship with the defendant?”
“Too long, if you ask me.” I smiled involuntarily.
“Excuse me?”
“A year and a half.”
“Wow. That long, eh? So, during this period, did you both ever… express your love physically?”
“We did not have sex, if that’s what you are asking.”
“Presumably this was a mutual decision between the two of you?”
“No. He wanted it, but I just kept him waiting.”
“Then what was with the slideshow?”
“It was his birthday, and I was finally ready to move to the next step, so…”
“Hmmm… Did you tell him to send it to everyone?”
“Are you in your senses? Who would do that!? I sent it to him because he is my boyfriend.”
“Ah, so you clearly mentioned it to him that it was private?”
“Erm, no. But its kinda obvious innit? I mean, what kind of a boyfriend would assume that a nude pic of his girlfriend was meant to be public property?”
“Your kind, Sheeba, your kind… So is it possible that he could have done this to get back at you for all the times you said no to his… requests?”
Sreeni got up before Sheeba could answer and demanded, “Objection, you Honor. Relevance?”
Annan immediately replied, “Your Honor, Opposing counsel declared illegality as her defense for the present case. We have already decided that the charge is too… complicated to put under one category, but if I remember correctly, this is a defense that can be used only under certain circumstances. I am only trying to establish those circumstances.”
I smiled, atleast the boy knew what he was doing. I still didn’t see where he was going, but he knew his destination, and that was good enough for me. “Objection overruled. The witness may answer the question.”
“Yes. I suppose it could have been a reason, if there was a reason. I personally believe he’s a sadist though.”
“I see” said Annan, “No more questions, My Lord. The opposition may question the witness.”
Sreeni didn’t move, “No questions, your Honor.”
“Then I would like to call upon my next witness, Mr. Faiz Khan.”
I blinked, as though I hadn’t heard the name right. How could the defendant be his witness? What was going on here? A series of gasps broke when the court clerk reiterated the name. A thoroughly stunned Faiz took the witness stand, and the oath.
“Faiz, Why did you do what you did to your girlfriend?”
Sreeni stood up again, “Objection your Honor. Opposing counsel is simply trying to misdirect the courtroom. The case has nothing to do with the intent.”
“It does your Honor. But I fear she may be right on a different count.” Annan admitted, “Let me rephrase. Did you send the pictures to everyone to get back at your girlfriend because she wouldn’t give you some?”
“No…” the boy sounded very nervous. He clearly had no clue what to say.
“Be careful and think about what you say. Your counsel is going with the defense of illegality, which basically means that your actions need to have stemmed from her illegal actions provoking you, otherwise your defense does not stand. Did you do this, because your girlfriend had not complied with you earlier?”
I stifled a laugh and an urge to clap loudly. Annan looked sick to the stomach. Sreeni looked shocked to the core. The boy just looked confused. Annan was a genius. By putting the boy on the stand, he had isolated him from his counsel, and now was clearly manipulating him into a corner where this case had an opening. What the opening was, only Annan knew. But there had to be an opening. The only person other than me who could see this was Sreeni.
“Your Honor, I request a recess of five minutes. I need to talk to my client.” This was my chance to get back at the bitch, and do my bit to help the girl. I still didn’t see how it helped, but Annan knew what he was doing, and I had to go along with it. “In the middle of a testimony, counsel? Ofcourse not. The witness will answer the question.”
he boy was perspiring already. But he kept quiet, and kept looking to Sreeni for help, who was busy explaining the situation to his father. It was simple. Even if the boy said no, they would win, as then there would be no case at all, and the hearing would be dissolved. But if he said yes, Annan would have established that there was a case, and that there was a defense. A small shot for team Sheeba, but a shot it was. And if he said yes, Sreeni would not be able to make him retract his testimonial, for that would put both of them in contempt of court, and hence in his mercy. Annan was a genius.
Annan turned back and walked to the witness stand. “Think and answer Faiz. If you accept, you are ensuring you have a valid defense, and if you don’t you agree that you don’t have any defense.”
“Objection your Honor, opposing counsel is manipulating the witness.”
“He is my witness! Why would I manipulate him?” Annan asked, a mask of innocence. But he held his tongue as the witness sweated. He looked to the defense table for help, but Sreeni didn’t open her mouth, or even signal an answer for him to give. Why? Was she supporting the other side? No, she had made quite the case. She must have realized he would hold her in contempt for the minutest of offenses. That must have been it.
“Yes.” He replied, and Annan grinned weakly. I breathed, and Sreeni sank into her chair. But the case was far from won. I dismissed the witness once Sreeni refused to cross question him. Annan then turned towards me, and said:
“Your Honor. Now it is quite clear that the case is not a regular tort, but an amalgamation of them. I termed it Breach of trust in the beginning. Even though it is not a regular tort, the defense of illegality seems to fit the bill. The defense claims that the making of the slideshow itself was an illegal act, and hence no claim can be made to damage or defamation caused by it or to it. Am I correct?”
He looked at Sreeni, and she simply nodded.
“I would like to present my case on two counts. One that my client’s act was not illegal. She made the slide show privately, without any budget or any money transfer involved in a pornography racket, and when she sent it, it was for private viewing of her boyfriend, the defendant himself. On both of these counts what she did doesn’t qualify as pornography. Hence the entire illegality of action and hence the illegality defense is wrong.”
“Objection you Honor – ”
I immediately called her down, “Objection sustained. You needn’t object everytime. I am not exactly a dumb prick you know. Counsel, continue.”
Sreeni sat down serenely, as though she was a queen, and resumed her fixated stare at Annan. Maybe it was some voodoo magic thing the youngsters of these days practiced, to Jinx him. Why else would he, who was suddenly showing hope for the girl, come up with such a dead rubber? Everyone knew what the girl had done was illegal to begin with. What was he driving at?
“The second count your Honor, is that of excessive response. For this matter, I would like to refer to the case of Revill vs Newberry, as a precedent.” Annan then turned to the audience and said, “For those who do not know, Revill vs Newberry was a case where an old man heard a thief entering into his farm, and shot him through a peep hole. The thief sued the old man, and the illegality defense was taken up.”
I smiled. Annan had gotten a pin and just burst the bubble. Sreeni’s gasp was very satisfying to my ears. The case had just turned on its head. I smiled and nodded to Annan as he bowed to me and said, “The prosecution rests your Honor.”
I put my head down and started scribbling. This was a judgment I was proud to write.
* * *
Sreeni
Sreeni wanted to go and kiss Annan, but instead kept a straight face as he sat down beside his client. She looked as confused as Faiz.
“What happened?” He asked, “Did we win?”
Sreeni shook her head, and simply said, “The judgment is still pending.” No need for them to know from her. She had to thank Annan afterwards. This was all going to be over soon. She wouldn’t have to put up with these creatures… soon.
The justice cleared his throat, and intoned:
“This case, Ruzmani vs Khan on account of ‘Breach of Trust’ is different from most cases. For one, here the prosecution depended upon the defense, almost unheard of. However, keeping the defense of illegality in mind, we must consider the prosecution’s two counts in mind.
1. That the act of making such a slideshow was not illegal. The court cannot accept this charge. The definition of pornography or illegal and immoral exposure of one’s self in the law clearly prohibits participating in any such activity or distributing any such material. As both these offenses were commited, this charge does not hold. Albeit the court must also ponder that as these were done in a private environment, and sent out privately, under a contract of trust, this is not a criminal offense, and hence not punishable. Due to such conflicting interests, this is one count that the court is forced not to consider. Also, for the purposes of this case, the court will consider the act as illegal only.
2. That the response was excessive. The prosecution has provided us with the precedent of Revill vs Newberry, which this court did consider. In that case, the judgment considered the fact that as the thief had done nothing to threaten the old man, the blind shot from the peephole was excessive response, even if the thief had committed an illegal act himself, hence making him liable for compensation.
Comparing that case with this one, we can clearly see, that even though Ms. Ruzmani’s act was illegal and immoral, it did not present much of a threat to Mr. Faiz’s identity or existence for him to have reacted and caused such pain and damage. Hence, the prosecution’s call on excessive response is taken into count and this court rules in favor of Sheeba Ruzmani.”
There was a loud squeal from the other end of the court as the girl jumped up in joy, and hugged Annan. He simply looked towards Sreeni, and bowed his head in gratitude. Herself, Sreeni didn’t know what to feel. She simply wanted to hug Annan and thank him for saving her skin. But there were insects she had to deal with, first. She had to do her bit in helping the girl, something for that ass handling he had done earlier. As she shook their hands and walked out, a nasty idea came to her mind. Insects should be exterminated after all!
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