Could you share what inspired you to pursue a career in law, and how your journey has evolved from your early days at Campus Law Center, Delhi University, to becoming an Advocate-On-Record at the Supreme Court?
In a way, I am an accidental lawyer as after my graduation in 2009 with B.Com (Hons.) course from Zakir Husain Delhi College(erstwhile Zakir Husain College), Delhi University I was preparing for CAT and other MBA entrance exams along with Combined Defence Services examination. I cleared my Combined Defence Services examination and went to 14 SSB (Service Selection Board) Allahabad around March 2010. Unfortunately, I could not clear the Service Selection Board interview and later joined Aon Hewitt (erstwhile Hewitt Associates) as a Research Associate. In the meantime, I had cleared the Faculty Of Law, Delhi University entrance exam and got a decent rank so I took up the 3-year LLB course at Campus Law Centre.
During my days at Campus Law Centre, I took part in many Moot Court Competitions all over India and debates within the college itself. The atmosphere in Campus Law Centre is different as compared to other Law Schools’ be it National Law Universities or any other Law School. The vibe of studying at Delhi University, especially on North Campus and the exposure which one gets there develops the personality of an individual holistically. My internship stints in different offices after classes also helped me in making my decision towards taking up litigation as a career.
After my graduation in 2013, I was working as a Law Clerk with HMJ. (Retd.) Shiva Kirti Singh in Hon’ble Supreme Court and later on in many different offices such as Suri & Co., Luthra & Luthra Law Offices India (erstwhile L&L Partners), Chambers of Sr. Adv. Ajay Verma, C&C Associates, M/s. Dev Bhumi Cold Chain Pvt. Ltd. before going fully independent. All these offices helped me in becoming a better individual in my professional career and maybe in life as well. The exposure of dealing with different kinds of people and different complex situations has its advantages & disadvantages which one tries to navigate.
I had the opportunity to clear my Advocate-On-Record exam on my second attempt and got the result around April 2023. I think for establishing one’s career in litigation in the Supreme Court although it is not mandatory becoming an Advocate-On-Record does help as a stepping stone.
You are currently enrolled in the Professional Final Level of the Company Secretary course. What motivated you to pursue this course at this stage of your career? Do you see it as a strategic move for future growth in your field, or do you have any new plans or directions you aim to explore with this qualification?
I think this course will help as an add-on if one still pursues law as a career. I did B.Com (Hons.) before doing law so I found taking up another course such as Company Secretary as an advantage. But mind you this course does take up quite some time & energy in preparations, even though I am a bit held up in the Professional Final Level for quite some time. But it is also my opinion that the benefits after clearing this course are quite immense in commercial client buildups for individual practitioners specifically related to NCLT & NCLAT matters and even for those who want to join Commercial Legal Practice of Law Firms or Corporate In-House jobs.
It is also a reality that at the end of the day one might have 2-3 or 7-8 academic/educational course degrees, but if one does not know how to use them practically, then it does not make much of a difference in a practical professional career.
As an Advocate-On-Record at the Supreme Court, could you describe the unique responsibilities and challenges associated with this role compared to other legal positions you have held?
As an Advocate-On-Record, one must be mindful of the Special Leave Petitions or other drafts drafted and filed in Hon’ble Supreme Court, since the language is explicitly read and re-read by Judges and Counsels in open Court. Anything that is seen as amateurish or even bordering contempt of court can have serious repercussions for the Advocate-On-Record on whose name the document has been filed. The strictness of the Hon’ble Supreme Court is also legitimate since there is no appellate court as per se after the Hon’ble Supreme Court.
The stakes are high being an Advocate-On-Record due to the responsibility being attached with cases in Court, hence that will be a big difference as compared to other positions held in my legal career.
Could you share some insights or memorable experiences from the high-profile cases you have handled, such as those involving the Delhi Development Authority (DDA) or the Airport Authority of India?
With DDA, most cases were general land acquisitions in the manner of Writ Petitions in the High Court or Arbitrations related to the 2010 Commonwealth Games; henceforth, they were property law or commercial and arbitration-related.
However, there was one case while appearing for a private party against the Municipal Corporation of Delhi wherein a commercial establishment was sealed which was against the Hon’ble Delhi High Court order. I was working at C&C Associates at that time and we had to apply with regard to the same in the High Court, got it mentioned and then listed so that it can be heard as soon as possible. We argued in the evening and got a favourable order around 5:30-6 P.M. The efforts and the result of doing everything on almost the same day made this case special.
While looking after litigation matters at M/s. Dev Bhumi Cold Chain Pvt. Ltd. I had the opportunity to look after a case filed through a local Counsel in the United States Of America in the state of Washington, which required me to see witness depositions in a Court there till 2-4 A.M. in the night (Indian Standard Time) about 3-4 time and mediation attempt between parties couple of times, also had the opportunity to prep up an Indian witness being deposed in the Court in United States. I must add that based on my experience just like most Indian Courts are not as depicted in Indian movies, similarly courts in the United States are not as depicted in their movies (may I mention A Few Good Men!).
Another case was in Sikkim High Court wherein I flew to Gangtok to argue and get a stay order for the client. We had to file a Special Leave Petition in the Supreme Court to get the stay application heard in Sikkim High Court I think during winter vacation time. The climate terrain in that part of the region during winter is very cold, hence matter of preparation and getting a favourable order in an environment which one is not used to had its charm. I must add that North-East India is extremely beautiful and if one can then one should see the natural scenery there.
What has your experience been like as a Group ‘A’ Panel Counsel for the Central Government, and how do you balance this role with your private practice?
Being a Group ‘A’ Central Govt. Counsel in the Hon’ble Supreme Court is a mixed bag, from criminal to tax to service matters all kinds of cases come up. The work quality gives great exposure and managing it with private practice is not that big a task if one gets used to handling it quickly & efficiently.
You have significant experience in arbitration and mediation. What are the key skills a lawyer needs to succeed in these areas, and how do you prepare for arbitration proceedings?
I don’t know if I have significant experience in this field as it’s quite broad, but I can say that the preparation for cases in this area should be thorough since commercial arbitration matters have a lot at stake in terms of commercial repercussions. One should know the relevant provisions of law and the procedure before the appointment of an Arbitrator and after the appointment of an Arbitrator.
In Mediation proceedings, if parties are willing to settle the issues at hand, then all endeavours should be utilized to do so. Otherwise, prolonged litigation is in the interest of no one in the long run as compared to speedy disposal of a case at hand.
You have authored articles and a book on legal topics. How important do you think it is for practising lawyers to contribute to academic discourse, and what impact does it have on their practice?
I have written two books one on Patna High Court and its judgments and the other one on my Grandfather Late Shri Lalit Narayan Mishra (Former Railways Minister). I believe writing is a flare that helps in augmenting the drafting skills of a lawyer. I also contribute articles for The Daily Guardian, so I’ll encourage writing articles as a scope as well.
A practising lawyer should try to contribute to the academic discourse as a Guest Faculty or through any other medium as long as it does not affect the professional practice of the lawyer.
As someone with a highly demanding career, how do you manage to maintain a work-life balance, and what advice do you have for young lawyers struggling with this aspect?
In my opinion, work-life balance goes for a toss whether you are an Independent Practitioner or working in a Chambers/Law Firm/In-House Corporate Office. The reason for the same is competition in the market especially when it’s difficult getting clientele for your practice or job in someone’s office.
Time management is quintessential in such situations. Although time management is still a work-in-progress for me, those who can handle time durations for work and family along with extracurricular activities such as theatre or sports can still have a decent work-life balance.
Based on your extensive experience, what advice would you give to young legal professionals who are just starting their careers, particularly in the areas of civil and commercial law?
My advice to someone would be to do your best, so you don’t have too many regrets later. Those who are young in the profession should work on what they can do rather than thinking of something which might not be in their control for example applying for as much legal empanelment work as possible rather than waiting for work to come.
It’s a tough field where different types of people will come across in the profession, some as friends some may be something else. Always remember to value yourself no matter what the situation is while avoiding the fine line between self-confidence and arrogance.
The client whether an individual or a corporate house will be posting faith in you as a lawyer, so avoid letting someone down. Be ethical, since shortcuts and cutting corners will lead someone nowhere in the long run.
Any newcomer in the field should read the file at hand a lot and should be well-versed with the facts of the case while being updated with the recent judgments on the moot question in the matter. If opportunity is there then one should enjoy the process of arguing before the judge, whether District Court or Supreme Court to the best of one’s ability; the next client/the next opportunity could very well be watching the proceedings.
I also believe that the difference between first-generation and second/third-generation lawyers is in the first few years of the profession, it all gets levelled out based on the hard work and personal networking skills of the individual. There are enough first-generation lawyers in the field who are role models for many.
A very warm welcome to everyone! The SuperLawyers team is back with another enriching and informative session. Today, we are thrilled to introduce our guest, Mr. Avinash B. Amarnath. Thank you so much for accepting our invitation. Avinash sir is currently a Partner in the Competition and Disputes team at Chandhiok & Mahajan Advocates and Solicitors. He leads the firm’s Hyderabad office and South India disputes practice, specializing in advising clients on complex competition law and dispute matters.
A very warm welcome from the entire SuperLawyers team.
Thank you. It’s a pleasure to be here.
Sir, after a decade of commendable excellence in the legal profession, could you share with us why you chose law? Was it a calling, or a conscious decision from the start?
For me, law has always been part of the family. My father is a practicing lawyer, and my mother, though not a practicing lawyer, is a law graduate. However, law was never imposed on me—I had the freedom to choose. I would say it was a conscious decision. Honestly, I chose law almost by a process of elimination. I didn’t want to pursue science, and I had a choice between commerce and law. Law seemed intriguing, especially because I had an interest in humanities during school. I felt that studying law would allow me to explore subjects like political science, which is why I chose it.
That was concise and insightful. Moving on, you’ve been working in the corporate sector for years now. What keeps you going in this environment? Do you have any particular routine or professional discipline that you follow?
So, I think the first thing I would say is that the routine that works for me may not work for everyone. My first piece of general advice is that everyone has to find their own routine. However, a few tips I’ve noticed that generally help include sleeping early, waking up early, and avoiding screen time.
You’ll find that you actually have a lot more time in the day than you think, especially if you follow these guidelines. It’s also very important, particularly in this stressful corporate culture, to prioritize your family and yourself.
One of the best pieces of advice I received as a young lawyer was from someone who used to run a law firm. This advice has stuck with me for a long time, and I try to follow it: no matter how much work you have or how tight the deadlines, always dedicate three to four hours to the following things:
Spending time with your family.
Engaging in physical exercise.
Pursuing any personal hobbies.
Guard this time scrupulously and strictly. This is what I try to follow to maintain discipline. Of course, the most important thing in this is that, the corporate culture demands flexibility.
So, while this is a routine, it often gets broken, and you have to be innovative. For example, I travel a lot, and when I do, some of this strict routine gets disrupted. But you have to be innovative and find alternatives.
If I’ve been traveling too much, I make sure to completely reserve that weekend for my family. Even when I’m traveling, I try to fit in quick 10 to 15-minute exercises in the morning. This is something I’ve realized over time. It took me 10 years to figure out this routine, so it will take time. As I mentioned at the beginning, this works for me; it may not work for someone else. The idea is to find your own routine and what makes you tick.
Thank you, sir. I’m sure we all recognize the importance of limiting screen time and balancing various aspects of life, especially in such a high-pressure environment. This wisdom is particularly valuable for those of us just starting out. Let’s move on to our next question: Dispute resolution involves a lot of strategizing and planning. How did you develop your flair in this area, and how much do you enjoy it?
Absolutely. I was fortunate to have very good mentors and guides when I started in the profession. The most important thing in litigation, especially in strategizing and planning, is paying attention to detail. One of the first things I was told very early on is to read the entire file—whatever it is, even if it’s a small transfer petition matter.
Even if the matter is just getting adjourned, I was still told to read the file as thoroughly as possible, front to back. This habit, ingrained in me from the beginning, made me realize that sometimes, the more you read and reread, new things come to light that you wouldn’t have noticed before.
This attention to detail really helps in planning and strategizing. When a client first approaches you, they provide a broad perspective, often their own, which may not be reflected in the documents. So limiting yourself to just what the client says isn’t sufficient. You need to verify their perspective by examining the documents. As I mentioned, the devil is in the details.
This practice slowly developed my flair for this work. The more I read, the more confident I became with the case, and the better I could strategize. It’s a process of evolution, right? As a young lawyer, your role is often limited to knowing the facts well. If you have a strategy, great, but usually, you’re expected to have a solid understanding of the facts, along with thorough legal research.
As you grow older in the profession, you start engaging in actual strategizing. It’s like a game of chess—you make a move and see how it plays out. Sometimes it works, sometimes it doesn’t. When it doesn’t, you go back, regroup, and try a new move. It’s a constant game of chess, and I enjoy that.
Strategizing and planning, especially in litigation, is like sports. It’s not always going to be a perfect victory on the first try. There will be setbacks, but what’s important is to focus on the long-term goal—for both the client and yourself—and work towards that in the best way possible. You may lose some small battles, but the idea is to win the war, not every single battle. That’s how I approach and enjoy it.
You have been involved in a lot of high-profile cases. That has received media attention. And we all know how media attention can turn both ways. It can celebrate you one day. It can suddenly criticize you unnecessarily the other day. How do you keep calm in these specific high-profile matters where really high stakes are involved?
I think I’ve been a bit fortunate because I haven’t had to face intense media pressure directly. However, there were instances where difficult questions were asked, and I received calls from media houses seeking comments on a very contentious case. In such situations, we were strictly instructed by the client not to make any comments.
Generally, in cases, I always try to focus solely on the case itself and block out any external noise, as I call it—whatever is happening outside. I believe that in high-profile cases, it’s even more important to understand that your role is limited to being a lawyer in that case and not to worry about the repercussions or consequences. Your job is to provide the best strategy, whether it’s a defense or prosecution, and offer the best advice to your client. The outcome is not in your hands, nor is what people make of it or think about it. You have to let it go. In one word, you need to develop a thick skin and ignore what the media is saying.
Moving on to the next question, your academic excellence at King’s College is truly commendable. As someone who has studied both in India and abroad, how was your law school experience different there compared to India?
I should start by saying that my law school experience was 10 years ago, so I’m sure things have changed in India since then. However, back then, my experience in India was that law education was still heavily focused on rote learning and less on application. When I studied abroad, that was the biggest difference I noticed.
The way classes were conducted there was different. Typically, in India, you come to class, open the book, and learn the concept then and there. But there, the structure was different—you were given a set of reading material before class, and you were expected to read it on your own. This might also be because it was a master’s course, so there was an assumption that most people already had a basic understanding of the law. Still, I really liked that system. You do your reading at home, and when you come to class, you’re taking the discussion to the next level. You’re applying the knowledge you’ve already gained to difficult questions or discussing specific, controversial, or complex topics in more detail.
Even the exams were different. The questions were mostly problem-based, requiring you to apply what you’ve learned and provide solutions, rather than just reproducing information. This was a significant difference for me. Another major difference was the encouragement from the faculty to have and express opinions. They would encourage students to form their own opinions and make it clear that there is no right or wrong answer, as long as you can back it up with solid logic. They might challenge your logic if they disagreed, but if you could defend your position, they respected that. This openness and application-based learning were aspects I truly enjoyed at King’s College.
That was very interesting. I’m sure law schools in India are also starting to embrace these changes, though we still have a long way to go in fully adopting application-based learning. How did this experience shape your legal perceptions once you returned to India and began practicing?
To be honest, it was partly that education, but also working with some lawyers here who were educated abroad, that really changed my entire perspective on law.
In most subjects in India, let me take law or even medicine as an example—you’re often considered a good doctor if you can quickly prescribe the right treatment. Similarly, the expectation for lawyers in India is that you should know every section and answer legal problems on the spot, complete with section numbers and details. However, I realized that’s not what practicing law is really about, nor is it what makes a good lawyer.
It’s impractical for a lawyer to know every single law by heart, especially given the vast range of knowledge required. What’s important, and what changed my perspective, is knowing how to read and interpret the law. When presented with a problem, you should be able to identify the relevant subject, pick up the relevant law—perhaps one you’ve never read before—and immediately apply yourself to it. You should be able to analyze the law and argue points based on the definitions and sections. The focus should not be on merely retaining knowledge, but on how to use that knowledge effectively and strategize.
So, in that sense, my approach to practicing law changed completely. I no longer stress about remembering every detail; instead, I focus on how to strategize and apply the knowledge that’s available in front of me.
How to read the law is such an application-based concept, which we should all imbibe no matter whether or not our colleges and our educational setups are telling that. We can definitely make it a practice. Thank you so much, sir.
Talking on these lines, sir, how do you balance this personal life with professional commitments, any hobbies or any passion, or interests, that keeps you lively?
As I mentioned earlier, I think it’s important to revisit the discipline points we discussed because maintaining those habits helps me balance professional and personal life. I want to touch on hobbies, but something else just came to mind. When you’re at work and you get a call from home, you might answer, but usually, even if you do, you say, “I’ll call you back, I’m at work.” I believe the key is to give that same level of importance when you’re at home, spending time with family, or doing something personal. There will be emergencies, and sometimes you genuinely need to take a call and work, and I completely understand that. However, more often than not, if someone calls you, even if it’s from work or a client, you can tell them, “I’ll call you back.” It’s important to give the same respect to your personal time as you do to your work time. If someone calls you while you’re with your family, it’s okay to tell them, “I’ll call you back in a bit.”
Now, regarding hobbies, I’ve always been a sports fan, particularly passionate about cricket, especially test cricket. When I’m not working, I’m usually either following cricket, trying to play wherever I can, or discussing it with everyone I know. One of the things I love about sports is how it parallels what we do as lawyers, especially in court. It’s like a game of chess, similar to sports where you constantly see strategies and counter-strategies. I find that very appealing, so I try to follow and play sports as much as possible.
Moving on, how would you compare the corporate work culture in law firms versus the litigation culture in chambers? If you had to choose between the two, which would you prefer based on your experience? Could you elaborate on that?
Sure. Both have their pros and cons, and I’ll explain my preference based on my personal reasons. I found litigation chamber work more appealing, but I think the ideal scenario is to combine the best aspects of both, which I see happening, especially in our firm.
In corporate work culture, one of the pros is that you are more directly in touch with the client, which gives you a very different understanding. In corporate and commercial law, there’s a legal position and a commercial reality. For a client, especially a company or a business, the end goal is that commercial reality—whether they’re trying to make or save money or achieve some other goal. The legal position may not always support that goal, so the challenge is to find an alternative or a middle path that satisfies that goal while staying within the confines of the law. In pure litigation chambers, responses can be more black-and-white: “This can be done, this cannot be done.” But in a corporate law firm, you develop the art of finding solutions, saying, “This strictly cannot be done, but we can explore this alternative.” That’s crucial as a commercial lawyer—you have to be solution-oriented, not just give yes or no answers.
Another advantage of law firms is that you get more time to work on a particular case. In litigation chambers, files often come to you the day before a hearing, leaving you little time to fully understand the case. In a law firm, you might work on the same case for two to three months, allowing you to interact with the client, get all the necessary clarifications, and build a strong strategy.
On the downside, one con of law firms, and this varies, is that sometimes there’s too much focus on presentation—form over substance. A document might look very polished, but if the substance isn’t strong, it shouldn’t pass the test. Another con is the lack of court time—you don’t get to go to court every day, maybe once a week or a few times a month.
In litigation chambers, the focus is primarily on the substance because you don’t have time to worry about presentation. The emphasis is on points of law, developing legal arguments, and finding and interpreting judgments. In a litigation chamber, you’re expected to read judgments thoroughly, knowing both the points that favor you and those that don’t. Plus, being in court every day is a significant advantage.
However, a con of litigation chambers is the lack of time to fully apply yourself to a file, as you would in a law firm.
At Chandhiok & Mahajan, especially within the disputes team, we’re trying to combine the best of both worlds. We don’t just recommend briefing senior counsel for every matter; we’re happy to argue cases ourselves, which gives us the litigation chamber experience while also benefiting from the client interaction typical of a law firm. We try to push for this as much as possible, although it’s ultimately the client’s preference.
So, to sum up my long-winded answer, I would say that combining the best of both worlds would be my ideal scenario.
Thank you, sir. Talking about work and everything, first of all, since you have been involved with dispute resolution and you so beautifully summarize the entire strategizing process as a game of chess, how do you think the new ADR mechanisms, such as the mediation bill, will impact India’s ADR structure in the coming years?
I think we’ve all realized that with arbitration, certain mistakes were made as a system, which is why it hasn’t worked the way people had hoped. The main issues were delays and court interference. If we don’t repeat those mistakes with mediation, I believe it could be very effective—perhaps even more so than arbitration. The reason is that mediation is fundamentally based on the consent of the parties. In arbitration, you consent to having a decision made by someone outside the court, but in mediation, you consent to the substance of the settlement itself. This significantly reduces the scope for court interference.
I think we’ve got a great opportunity now, and rightly so, the government is pushing mediation as a preferred form of ADR. However, we must be cautious and learn from our past mistakes. Firstly, we need to minimize court interference. Secondly, it all comes down to the will of the parties involved. Sometimes, as litigation lawyers, we see ADR as just another method to delay things. Everyone might agree to mediation, but they might not take it seriously. The mindset often is, “Okay, it will go into mediation and take another six months.” If that’s the approach, it won’t work.
So, perhaps some level of court interference could help. Currently, once a case enters mediation, courts are very hands-off, and extensions are given when requested. I think courts should perhaps ask for interim reports on how the mediation is progressing. If the court feels it’s not working out, it might be better to pull out of mediation rather than prolong an unnecessary process.
I genuinely hope mediation works, but it will come down to addressing these challenges and the will of the parties involved.
Understood, sir. You’ve highlighted several important aspects, and it’s crucial to exercise caution as we move forward with the mediation bill and act, as you mentioned, to avoid repeating the same mistakes and to hope for a better structure. Sir, this next question is from young lawyers and law aspirants who are in the early stages of their careers. As someone who has emphasized the importance of strategizing, what advice would you give to those who are struggling to find a strategy in the initial phase of their legal careers?
I would say, keep it simple. Sometimes, people tend to project law as more complicated than it really is. So the first thing I would say is, don’t worry—it’s not rocket science. I often tell my colleagues that people who work in science and innovation require a much more complex skill set. Law, at its core, is a social science; it’s human-related.
One of the key aspects to understand is that it’s a lot about psychological insight, especially for litigation lawyers. Of course, you need to know the substance of your matter, but it’s equally important to understand who you’re talking to and where they are coming from—not just the judge, but also your client. This is something we focus on extensively in our sessions. One of the most important things to remember is that the client is ultimately a human being with certain considerations. Understanding what the client wants and the pressures they are under can make things a lot easier.
The only other piece of advice I would offer is that young lawyers today are much more aware of their rights, which is a very good thing. They demand work-life balance, recognizing it as a right rather than a luxury, and they are comfortable with technology, which makes them efficient. However, I would advise them to occasionally go back to being old school. With technology, you might miss out on important details, and those details are crucial. So, use technology to your advantage, but don’t forget the importance of manually double-checking and thoroughly reading every document. It’s sometimes good to be old-fashioned in this regard.
If you’re feeling confused about your career path, I’d say there are many opportunities in law now, so don’t be afraid to try different things. Coming out of law school, it’s impossible to be clear about what you want to do because you don’t get enough exposure. Internships can help, but they don’t provide the full picture. So, try out different things—corporate law, litigation, clerking, media reporting—everything. Don’t think it’s too late to make changes. There’s plenty of time to find your niche.
Sir, the way you’ve elaborated on this point, particularly the notion that coming out of law school doesn’t always equip you with the decision-making skills needed to know exactly what you want to do, is a relief to many of us who are just starting out in our careers. We also appreciate the emphasis you’ve placed on planning and the balance you’ve achieved at your firm. So, what are your long-term plans in terms of your personal trajectory in this profession, as well as your plans for your firm?
I was working in Delhi until two years ago, and most of my career has been based there. For both professional and personal reasons, I saw a unique opportunity to come to Hyderabad and set up an office. I believe Hyderabad has a lot of untapped potential, and the proposition we’re building here is unique. We’re aiming to run an entire South India disputes practice out of Hyderabad.
We faced several challenges initially, especially when virtual hearings weren’t common, as travel could be quite a problem. But thanks to the initiatives taken by the current Chief Justice of India, high courts are now hybrid, which really helps us manage matters. For district courts, we sometimes have to rely on local counsel, but overall, it’s a very unique proposition, and I’m enjoying the roles we’re building here.
My immediate goal is to continue developing this practice into what we envisioned—a comprehensive South India disputes practice. In the long term, I plan to continue in litigation, with a particular focus on competition law. I don’t see myself leaving competition law, as it’s a specialization I consciously chose early in my career. Eventually, I hope to argue more matters in court and continue doing interesting work.
Your insights have been amazing today. Once again, thank you so much from the entire team of LawSikho and SuperLawyers. We are sure that with the wealth of practical experience and tips, which you have given us today, we have benefited all the young ones.
Can you share the journey of your career from starting your practice at the District and Sessions Court in Dehradun in 2008 to becoming the President of the Youth Bar Association of India?
I got an opportunity to join the Office of Mr. TS Bindra, Advocate in Dehradun, who is having a flourishing practice. His hard work and devotion to the profession is tremendous. I have seen him working as “One Man Army” nay to say, dealing with clients, and then settling the petitions, doing research work i.e. finding the case-laws and finally arguing the matter before the Hon’ble Court. Furthermore, working at the grassroots level i.e. the original side taught me invaluable lessons in legal practice, ethics, and the importance of diligence in serving as a legal practitioner.
During my early years, I handled a diverse range of cases, which provided me with practical experience and a deeper understanding of the complexities of the law. This period was crucial in shaping my foundational skills as a lawyer and instilling in me a passion for justice and advocacy.
As I progressed in my career, I became increasingly involved in various legal forums and associations. These experiences expanded my professional network and fuelled my interest in addressing broader issues within the legal community. I recognised the need to empower young lawyers and advocate for their rights and professional development.
When I started practising on the criminal side, obtaining a copy of FIR was a very troublesome and difficult task. However, it was readily made available to influential lawyers and even the litigants were suggested to engage said lawyers. Poor litigants, having no option, were constrained to engage and pay a hefty amount to such lawyers, in the guise of professional fees. I found the situation to be vulnerable. Apart from this, I noticed that the young lawyers have very limited say and their ideas and voice were throttled. I have seen my friends losing hope in this profession, due to lack of proper guidance and support at the initial stage of practice. That was the moment, which prompted me to have an Association of Young Advocates.
Finally, they discussed the idea with some of my seniors, who mocked it but at the same time, few appreciated this idea. I must mention the names of Mr. Saurabh Pandey, Mr. Nirpendra Singh Rautela, Ms. Anjali Chauhan, Mr. Gaurav Pandey and Mr. Lovekesh Choudary. Ultimately, we got the Society registered under the name of Youth Bar Association of India (in short YBAI) to create a platform to support young lawyers across the country. Serving as President of YBAI has been a privilege and a responsibility that I cherish deeply.
It has allowed me to contribute to initiatives that promote legal education, advocate for reforms beneficial to the legal fraternity, and foster a sense of community among young lawyers. We have conducted various webinars and Virtual Summer School on Mediation, which are available on the YouTube Page.
My journey from starting at the District and Sessions Court in Dehradun to leading YBAI has been marked by continuous learning, dedication to service, and a commitment to advancing the interests of young lawyers in India. I am grateful for the opportunities I’ve had and look forward to continuing to make a positive impact in the legal profession.
What inspired you to pursue a career in law, and how has your father’s influence shaped your legal practice and career choices?
I was inspired to pursue a career in law due to a deep-seated passion for justice and a desire to make a meaningful impact in people’s lives. Growing up, I witnessed firsthand the dedication and integrity with which my father practiced law. His commitment to upholding justice and serving his clients ethically left a profound impression on me.
My father namely S. Bhupendra Singh, had worked in the original civil side at the grass-root level i.e. the District Court. Later in the year 2001, after the creation of the State of Uttarakhand, he got an opportunity to serve as a “Standing Counsel” for the Govt. of Uttarakhand, which he continued for almost 10 years. My father is a first-generation lawyer, who comes from a very humble background. He started his journey with a lot of struggles for sustainability. My mother passed way, leaving the responsibility to me and my younger sibling (Dr. Jaspreet Kaur); I was just 2 years of age. We have spent a considerable long time, in rented accommodation. I have witnessed my father carrying bulky files. Sometimes he has to wait at the taxi stand, as travelling in a sharing cab is cost-effective. His hard work and dedication taught me, the value of money and being humble. At the same time, what is more powerful to learn from him, is he never opted for short cuts and unethical ways. His continuous study and determination still influences me. His influence has been instrumental in shaping my legal practice and career choices. He instilled in me the importance of empathy, integrity, and diligence in every aspect of legal work. His guidance has taught me to approach each case with a holistic perspective, considering not just the legal nuances but also the human aspects involved.
Moreover, seeing my father’s dedication to his clients has motivated me to strive for excellence in my legal career. His mentorship has been invaluable in helping me navigate challenges and make informed decisions that align with ethical standards and the pursuit of justice.
Your wife, Harsheen Anand, played a significant role in the formation of the Youth Bar Association of India (YBAI). Can you elaborate on how her contributions have influenced your professional journey?
She is a vigilant person and more educated than me. Though she has done a Masters in Law, she is currently practicing as a Chartered Accountant. She helped us to give a legal entity to YBAI, which we got registered under the Societies Registration Act. She actively participates in the affairs of YBAI.
I feel, I have been unfair to her, because where both the parents are working, either one has to compromise in terms of career; as the responsibility of kids is fastened upon them. In our case, she has groomed and nurtured the kids more than me, for which I shall always remain indebted to her. However, now, I used to devote my maximum time to the kids. It’s a mesmerising feeling. I have started living my childhood with my kids.
Was practicing independently the choice you made from the beginning of your career, or was there a specific theory or reason behind your decision to establish an independent legal practice? Can you share the thought process and motivation behind this decision?
I must mention here about my appearance at the Supreme Court. I got my first independent case but frankly, the law point involved was not much impressive. However, while discussing the matter with my senior colleagues, particularly Mr. Nagendra Singh Ji, I was made to learn the basics of legal practice, nay ‘not to be judgmental’, as the work of an Advocate is to put forward the grief and facts of the litigant before the Court, which alone has the jurisdiction and competence to decide the same. With the able guidance of my senior colleagues, I prepared the matter and I was made to understand by Mr. Nagendra Singh Ji that he will argue the matter. I still remember it was a cheque bounce matter (U/s. 138 NI Act), the transfer of which was sought from Kolkatta (West Bengal) to Pithoragrah (Uttarakhand). The matter was listed before the Bench of Hon. Justice Altamas Kabir, one of the most humble Judges, who later became CJI. After reaching the court premises, I called Mr. Nagendra Singh Ji, who asked me to argue the matter, as he intended that I must confront the Court. There I was guided by another senior colleague Mr. Rabir Singh Kundu, a very eminent lawyer. Ultimately, I got a favourable order. From that point of time, I made up my mind, to establish my independent legal practice. But at the same time, I got loosely associated with my seniors.
Initially, I joined the chamber of Mr. Jitendra Mohan Sharma Ji, Senior Advocate, with whom I am still associated. He is a most humble person and there is a lot to learn from him. I have worked with and briefed various legal luminaries. When I joined the Supreme Court, Mr. Ram Jethmalani Ji was the President of SCBA and I had attended various legal conferences and programs with him. Age was just the number for him. He was bold and dynamic. His arguments in some cases are tremendous.
Anyways, establishing an independent legal practice was a deliberate choice that evolved throughout my career, influenced by both personal aspirations and professional considerations. From the beginning, I was drawn to the idea of having the autonomy to shape my legal career.
Early in my career, while gaining experience at the District and Sessions Court in Dehradun, I recognized the value of independence in providing legal services that align with my ethical principles. This firsthand experience solidified my belief that establishing an independent practice would allow me to best fulfil my commitment to advocating for justice and serving the needs of litigants effectively. Moreover, the decision was also driven by a desire to contribute to the legal profession in a meaningful way. By founding my practice, I aimed to create a platform where I could apply my expertise, engage in diverse legal matters, and foster a supportive environment for both, clients and colleagues.
Ultimately, the thought process behind establishing an independent legal practice was rooted in the belief that it would afford me the flexibility to pursue my passion for law while upholding the highest standards of integrity and professionalism.
What motivated you to take up the leadership role in the Youth Bar Association of India, and what initiatives have you introduced to support young legal professionals? Please share some insights in your role as a president and your contributions.
As I mentioned earlier, the situation for young, budding advocates has been quite disheartening. There was a lack of mechanisms to address their challenges or offer them the necessary support. Young lawyers often became easy targets for exploitation—they were given inadequate guidance and then reprimanded for unintentional mistakes. Despite being hardworking, many young advocates face discouragement at various levels due to a lack of procedural understanding. What they truly need is a proper mentor to guide them on the right path.
One of the first significant achievements of the Youth Bar Association of India (YBAI) was obtaining a directive that mandated the uploading of every FIR on the police website. This directive can be found in AIR 2016 SC 4136 or 2016 (9) SCC 473, “Youth Bar Association of India versus Union of India and Others.”
YBAI also organized its First National Conference, which was graced by many legal luminaries, including Mr. Soli Sorabji. The Chief Guest was Hon’ble Justice Ranjan Gogoi, the then Chief Justice of India, and the conference was moderated by Senior Advocate Ms. Aishwarya Bhati. The event was a resounding success.
I was motivated to take up the leadership role at YBAI out of a deep commitment to empower and support young legal professionals across India. Recognizing the challenges young lawyers face in their careers, I felt compelled to create a platform where they could thrive, receive mentorship, and advocate for their rights.
As President of YBAI, I introduced several initiatives aimed at enriching the professional lives of young legal professionals. One of our key initiatives is providing educational workshops and seminars to enhance their legal skills and knowledge. These sessions cover a wide range of topics, including legal research, advocacy techniques, and career development strategies. Additionally, we have established mentorship programs where experienced lawyers guide and support young members, helping them navigate the challenges and opportunities within the legal profession. This mentorship not only fosters personal growth but also strengthens our legal community by passing on invaluable insights and experiences.
Another important aspect of my role has been advocating for policy reforms that benefit young lawyers. We actively engage with policymakers to address issues such as access to legal education, professional development opportunities, and equitable representation within the legal system.
Moreover, I have worked to create networking opportunities through conferences, forums, and social events, enabling young lawyers to connect with peers and mentors from diverse legal backgrounds.
We also conducted a Virtual Summer School on the topic of Mediation during the COVID-19 pandemic to ensure that the process of learning continued. All the sessions are available on the YBAI’s YouTube and Facebook pages.
Serving as President of YBAI has been both a privilege and a responsibility that I approach with dedication and enthusiasm. My goal is to continue expanding our initiatives, advocating for the rights of young legal professionals, and fostering a supportive community that empowers the next generation of lawyers in India.
With your vast experience, can you share some insights on the evolution of arbitration law in India and how new lawyers can prepare for the future of these fields?
With the evolution of civil and arbitration law in India, we’ve witnessed significant advancements that have reshaped the legal landscape and opened new opportunities for young lawyers. Civil law has undergone reforms aimed at expediting judicial processes, enhancing access to justice, and promoting alternative dispute resolution mechanisms like arbitration.
Arbitration, in particular, has seen substantial growth as a preferred method for resolving commercial disputes. The enactment of the Arbitration and Conciliation Act, along with amendments to streamline procedures and enforceability of arbitral awards, has bolstered its credibility and efficiency. This evolution reflects a broader trend towards a more robust legal framework that supports both domestic and international arbitration.
For new lawyers aspiring to excel in these fields, preparation involves several key strategies:
Developing a solid understanding of civil procedure codes, arbitration laws, and recent judicial precedents is crucial. Keeping abreast of legal updates and participating in relevant training programs or workshops can provide essential insights.
Actively seeking opportunities to gain hands-on experience through internships, clerkships, or apprenticeships with experienced practitioners in civil litigation or arbitration firms is invaluable. Practical exposure helps bridge the gap between theoretical knowledge and real-world application.
Embracing legal technology tools for research, case management, and document review is becoming increasingly important. Familiarity with e-filing systems and digital evidence management enhances efficiency and client service in civil litigation and arbitration proceedings.
Effective communication, negotiation, and client management skills are essential for success in these fields. Building a professional network through bar associations, legal forums, and industry events facilitates mentorship and career opportunities.
Upholding ethical standards and professionalism is non-negotiable. Demonstrating integrity and reliability enhances credibility and trustworthiness as a legal practitioner.
In summary, the future of civil and arbitration law in India holds promising opportunities for young lawyers who are prepared to adapt to evolving legal trends, leverage technological advancements, and uphold high professional standards. By cultivating specialized knowledge, gaining practical experience, and nurturing essential skills, new lawyers can position themselves for a rewarding and impactful career in these dynamic fields.
Beyond your professional life, what hobbies or personal interests do you pursue, and how do they contribute to your overall well-being and professional effectiveness.
Outside of my professional life, I am passionate about roaming around. I love to visit new places and meet different people. These pursuits play a crucial role in maintaining my overall well-being and enhancing my professional effectiveness in several ways.
Firstly, I love to do matters involving public interest or legal questions, which require the indulgence of the Hon’ble Courts. There are various such matters, wherein YBAI has been successful in obtaining directions. I must mention the case of “Habib Khan versus of State of Uttarakhand”, wherein after many rounds of litigation; the Hon’ble Supreme Court has held that Class-IV employees are entitled to PENSION by reckoning the period of their temporary services i.e. from the date of their initial engagement. Later, the said decision was approved by the larger bench in the case of “Prem Singh versus State of Uttar Pradesh”. This is a case, that is very close to me because the clients were elderly people of having age of about 70 years and I have seen them struggling for livelihood.
Further engaging in outstation matters, provides me with a creative outlet and a sense of fulfilment that rejuvenates me after demanding workdays. This helps me approach challenges with renewed energy and clarity.
What are your views on the importance of pro bono work, and can you share an experience where your pro bono efforts have made a significant impact?
I believe that pro bono work plays a crucial role in ensuring access to justice for underserved communities and advancing the principles of fairness and equality within our legal system. It is not only a professional responsibility but also a moral imperative for lawyers to contribute their skills and expertise to serve those who may not have the means to afford legal representation. Moreover, pro bono work not only enhances professional skills and broadens legal knowledge but also strengthens the bonds between lawyers and the communities they serve. It fosters a sense of civic duty and reinforces the ethical foundations of our legal profession.
In conclusion, pro bono work is not just about providing free legal services; it is about promoting justice, equality, and the rule of law. It is an integral part of my commitment to using my legal skills to make a meaningful difference in the lives of others and to contribute positively to society.
What advice would you give to current law students and young professionals to help them navigate their careers and make meaningful contributions to the legal field?
As someone who has navigated the legal profession and is committed to its advancement, I have several pieces of advice for current law students and young professionals:
Build a Strong Foundation: Focus on developing a solid understanding of foundational legal principles and procedures. Mastering the basics will provide a robust framework upon which you can build specialized knowledge and expertise.
Seek Diverse Experiences: Take advantage of internships, clerkships, and opportunities to work with experienced lawyers in different practice areas. Exposure to diverse legal environments will broaden your perspective and help you discover your interests and strengths.
Embrace Lifelong Learning: The legal landscape is constantly evolving. Stay informed about current legal developments, case law, and legislative changes. Continuously seek opportunities for professional development and continuing legal education.
Cultivate Practical Skills: Beyond legal theory, hone practical skills such as legal research, writing, negotiation, and client management. These skills are essential for effective legal practice and client representation.
Build a Professional Network: Networking is invaluable in the legal profession. Attend industry events, join bar associations, and connect with peers, mentors, and senior professionals. Building relationships can open doors to opportunities for collaboration, mentorship, and career advancement.
Commit to Ethics and Integrity: Uphold the highest standards of ethical conduct and professionalism in all your interactions. Trust and integrity are essential for building a credible and successful legal career.
Engage in Pro Bono and Community Service: Dedicate time to pro bono work and community service. Contributing your legal skills to help those in need not only serves a noble purpose but also enhances your professional growth and fulfillment.
Stay Resilient and Persistent: The legal profession can be challenging, but perseverance pays off. Stay resilient in the face of setbacks, learn from your experiences, and keep striving towards your goals.
Find Balance: Maintain a healthy work-life balance. Taking care of your well-being is essential for sustained success and happiness in your legal career.
Make Meaningful Contributions: Ultimately, aim to make a positive impact through your legal career. Whether it’s advocating for justice, advancing legal reforms, or championing causes you believe in, strive to leave a lasting and meaningful mark on the legal field and society.
By following these principles and continuously refining your skills and knowledge, you can navigate your legal career successfully and make significant contributions to the legal profession.
Last but not least; I would like to thank my intern Ms. Prachi Agarwal, a student of Law College Dehradun who helped in completing this task.
I would also like to thank my current team, namely Mr. Kuldeep Singh, Mr. Bhavya Pratap Singh Rautela, Mr. Amit Kumar, Ms. Ayushi Arya, Mr. Sanyam Thareja and Ms. Japjeet Singh along with Ms. Amitoz Kaur, Mr. Arpit Jain and Ms. Pallavi Tripathi
Can you share what inspired you to pursue a career in law and how your journey began at Amity Law School, New Delhi?
From a young age, I was drawn to a career in law. The respect and prestige associated with the profession initially piqued my interest while I was still in high school. The influence of my uncle further solidified the decision. J.K. Das, a Senior Advocate. His practice and the engaging stories he shared about the legal field deeply inspired me.
Determined to pursue law, I discussed my career choice with my parents, who supported my decision. I opted for an integrated five-year law course and focused solely on preparing for the entrance examination. At that time, Amity Law School in New Delhi was highly regarded for its five-year law program. After successfully clearing the entrance exam, it became the natural choice for my legal education. At Amity Law School, I gained a solid understanding of legal concepts. Many of the professors, who were former practitioners, provided invaluable practical guidance and insights, enriching my academic experience with real-world applications.
You’ve represented clients across various sectors, from telecom sector to real estate to dispute resolution. How do you adapt your legal strategies when switching between such diverse industries?
Every case and client has unique demands, making understanding their wishes and aims fundamental to effective representation. Each industry requires a tailored strategy, and adaptability is crucial. For example, in the real estate sector, my primary focus is to protect my client at the stage of contract execution. The goal is not to suppress the consumer or customer but to ensure that the contract remains balanced and fair within the statutory framework and compliance requirements. This approach ensures that the contract does not become lopsided, protecting the client’s interests while upholding legal and ethical standards. In commercial arbitration matters, the aim is to try and attempt to get a just and quick resolution for the client.
The emphasis is thus to have a client-centric legal practice and adaptability in meeting their needs effectively.
What motivated you to start your independent practice in 2017, and what challenges did you face during this transition?
After working as a junior lawyer under seasoned and experienced professionals, transitioning to establish my independent practice felt like a natural progression. During my tenure as a junior, I dealt with a variety of legal issues and gained significant experience in briefing senior counsel. I was fortunate to have skilled mentors who guided me through the formative years of my career. Their support and mentorship provided me with the confidence and foundation needed to embark on my legal practice.
For a first-generation lawyer, establishing an independent practice presents significant challenges. Without a family background in law, navigating the complexities of setting up a practice and building a professional network can be daunting. However, the support and mentorship I received from experienced seniors played a crucial role in overcoming these obstacles and achieving success in my practice.
Independent practice as a litigating lawyer has two facets to it, on the one hand being an independent practitioner gives you the freedom to have complete control over your schedule or work, working style cases etc, whereas on the other hand having a sustained clientele in the beginning is a constant concern. Transitioning to an independent legal practice often also involves a significant shift from the stability of a regular income to the uncertainties of variable financial stability. However, with hard work and sincere efforts, one can overcome these difficulties and achieve success in establishing an independent practice.
Your experience spans multiple judicial fora. How do you prepare differently for cases in the Supreme Court versus other tribunals?
Arguing before any legal fora may appear glamorous, but it demands significant hard work and effort. Although there is not much difference in preparing for cases before the Hon’ble Supreme Court or any other fora, the basics remain the same i.e. being fully prepared with the facts of your case. Being prepared with your file, and its minutest detail is essential for preparing your case before any legal fora.
Given your extensive experience with the NCLT and NCLAT, what trends do you see in corporate law and insolvency matters today?
Insolvency laws are indeed evolving, and each case can bring new interpretations and clarifications. The distinction between “Operational Creditor” and “Financial Creditor” is a prime example of how nuanced and complex these laws can be.
In the context of the Insolvency and Bankruptcy Code (IBC) in India, “Operational Creditors” are typically those who provide goods or services to the debtor, while “Financial Creditors” are those who lend money or provide financial assistance. The confusion you mentioned, particularly regarding authorities like NOIDA, highlights the challenges in applying these definitions to specific cases.
The Supreme Court’s ruling in NOIDA vs. Anand Sonbhadra was indeed pivotal. By clarifying that NOIDA qualifies as an Operational Creditor rather than a Financial Creditor, the Court helped to resolve ambiguities and set a precedent for similar cases. This kind of judicial intervention is crucial for providing clarity and ensuring that insolvency proceedings are conducted fairly and consistently.
You’ve written about the US Supreme Court conducting hearings via telephone. How do you see technology shaping the future of legal proceedings in India?
During the COVID-19 pandemic, while the world came to a standstill, our judiciary continued its operations. I recall that at the pandemic’s onset, Justice Siddharth Mridul (as he was then) conducted urgent court hearings via WhatsApp to address the well-being and transportation of students stranded in Kazakhstan. These instances highlighted the pivotal role of technology in the administration of justice. The global pandemic underscored the importance of technological advancements, demonstrating that even the legal profession is now deeply intertwined with technological progress.
The legal field by its very nature is dynamic and ever-evolving and our legal system has adopted such advancement. The introduction of technology has indeed made our courts much more accessible, and transparent. Hybrid hearing is a norm in courts in Delhi, from District courts to the Hon’ble Supreme Court.
While I acknowledge the benefits of technological advancements, I believe there are still limitations to address, such as the need for a reliable internet connection. Additionally, I feel that traditional in-person arguments can be more effective than virtual ones. Face-to-face interaction with the Court often provides a significant advantage in conveying your arguments persuasively and effectively. What was the process like for you to qualify as an Advocate-on-Record with the Supreme Court of India, and what key strategies or insights would you share with those preparing for this examination?
What advice would you give to young legal professionals aspiring to specialize in corporate law and dispute resolution?
For any young professional aiming for success, there’s no substitute for hard work. Burning the midnight oil, especially in the initial years, is often necessary. Alongside diligence, the ability to think on your feet and read the room is crucial. For lawyers, this means not only focusing on the facts of a case but also being attuned to the judge’s reactions to achieve the best outcome for their clients. Also one should be open to exploring diverse practice areas for gaining valuable experience.
Staying updated on recent developments in the law is non-negotiable. The legal landscape, particularly in dispute resolution, is constantly evolving. For instance, the correctness of an arbitral award can now be decided through a curative petition, despite the general principle of minimal judicial intervention. Thus, being aware of these changes is essential.
Lastly, one important lesson I learned early in my career was the value of respecting opposing counsel. Maintaining professionalism and courtesy is key in any legal practice.
Outside of your legal career, do you have any hobbies or interests that you feel contribute to your effectiveness as a lawyer?
Reading short anecdotal stories related to the legal field is a wonderful way to stay connected to your work while enjoying some downtime. It can also provide valuable insights and inspiration for your practice.
Playing team sports like volleyball and cricket is a fantastic way to unwind and develop important skills beyond the courtroom. The teamwork and strategic thinking involved in sports can translate to a more collaborative and strategic approach in your legal work. Physical activity is a great way to relieve stress and keep your mind sharp. It’s great to hear you’re managing to integrate these passions into your busy life!
Can you share the journey of how you started your career in law and the key experiences that have shaped your path to becoming the Managing Partner at TJA Law Chambers? Please walk us through your journey starting from selecting Law as a career and your time at NLU, Jodhpur.
My journey in law is deeply rooted in my upbringing in Nagina, a small town in District Bijnor of Uttar Pradesh. Despite our humble background, my parents ensured that we received a quality education from the best convent school in the district. As the youngest of three siblings, I was greatly influenced by my father, a dedicated lawyer practising at the trial Courts. Since the court premises were within walking distance from our home, I spent my summer vacations at my father’s chamber captivated by watching him argue in Court. My father noticed my fascination with court proceedings and envisioned me following in his footsteps, aspiring to become a lawyer in the Supreme Court.
Early Challenges and Decision to Pursue Law: Tragically, I lost my father when I was in the 12th standard. This loss left a significant void in my life and threw my future into uncertainty. Until I completed my 12th standard, I had no clear direction for my career path. Although I was a student of science, the influence of my father’s legacy and my desire to honour his dreams led me to opt for a career in law after completing my 12th.
Academic Achievements: I pursued 5-year law degree with determination and dedication, earning a gold medal for being the University Topper. This achievement not only solidified my passion for the field but also opened doors for further opportunities. In my final year of law school, I also enrolled in a postgraduate diploma course in Cyber Laws at the Indian Law Institute, New Delhi, which required me to travel to Delhi every alternate day. The travel experience in UP Roadways and retuning hometown by train was a time to remember. After completing my law degree, I worked briefly at the Allahabad High Court before deciding to further my legal education by pursuing an MBA-LLM at National Law University, Jodhpur.
Time at NLU, Jodhpur: Choosing to pursue an MBA-LLM degree at NLU, Jodhpur, was a pivotal decision. My time there was transformative, providing me with a comprehensive legal education and shaping my professional outlook. The diverse exposure to life experiences, meeting people from across India, and engaging in various activities significantly transformed my personality. Being from a small town, this meant a lot to me. The rigorous academic environment, coupled with opportunities to participate in competitions and internships, honed my analytical and advocacy skills. These experiences were instrumental in building a solid foundation in legal principles and practice, helping me build my practice and learn to read people better.
All these experiences of highs and lows in life left a fathomless mark on me and somewhere encouraged to make a bold decision to start my own law firm.
You began your career from High Court and subsequently held various managerial roles in legal departments before taking the Advocate-On-Record (AOR) exam and founding your firm. How have these diverse experiences across different legal roles and sectors contributed to your approach to managing and running TJA Law Chambers? What insights did you gain from each phase of your career that have shaped your current practice?
My journey in law has been marked by a series of diverse and enriching experiences that have collectively shaped my approach to managing and running TJA Law Chambers. Each phase of my journey has provided me with unique insights and skills, which I have integrated into my current practice.
I began my legal career at the Allahabad High Court, where I initially did my judicial clerkship under the able guidance of Mr. Justice R.K Agrawal, who was later elevated to become a Supreme Court Judge. This initial experience exposed me to the fundamentals of courtroom procedures, legal research, and the importance of meticulous preparation. It also taught me the value of strategic thinking and the complexities involved in litigation.
After completing my post-graduation, I joined various reputed companies as an in-house counsel like GMR Energy, Indus Towers Limited and Sterlite Power Limited to name a few. Working in-house was a distinct experience compared to practising law in courts. Supporting the organization and other departments from a legal perspective taught me a lot about corporate governance, compliance, and risk management. It also highlighted the importance of effective communication, teamwork, and aligning legal strategies with business objectives.
Before founding my law firm, I had a short stint at a law firm called Advaita Legal. My distinct experiences allowed me to understand the nuances of private practice, client management, and the importance of building a professional network. It reinforced the need for thorough research, strategic thinking, and delivering client-centric legal solutions.
Founding TJA Law Chambers: It was always my dream to have an independent practice, but being from a small town and without a godfather in the profession, it was challenging. Nevertheless, I took the plunge and founded TJA Law Chambers in late 2019 with no significant clients in hand. Shortly after, the pandemic hit, which for my legal practice turned out to be a blessing in disguise. Despite the global challenges, I received work directly from foreign clients, which kickstarted the firm’s growth. There has been no looking back since then, and we are now catering to companies like ONGC, NTPC, EESL etc.
Advocate-On-Record (AOR) Exam: With my dream to establish my law firm, I also aspired to establish my practice in the Supreme Court, fulfilling my father’s dream. To this end, I started preparing for the Advocate-On-Record (AOR) exam last year and cleared it on the first attempt. This credential not only enhanced my credibility but also deepened my understanding of Supreme Court practices and procedures. The rigorous preparation for the AOR exam honed my analytical abilities and reinforced the importance of staying abreast of legal developments.
What motivated you to pursue the Advocate-On-Record (AOR) examination, and how did your mentor or any influential figures support you through this process? What are your thoughts on the significance of the AOR exam in a legal career?
Establishing a practice in the Supreme Court was a way to pay tribute to my father and the values he instilled in me.
Self-Guided Journey: Unfortunately, I did not have the benefit of a mentor or any influential figures to guide me through the journey of the AOR exam. This made the journey more challenging but also incredibly rewarding. I had to rely on my self-discipline, determination, and resourcefulness. I meticulously studied the Supreme Court rules, procedures, and landmark judgments. I sought out study materials, attended relevant workshops, and engaged in self-study to ensure I was thoroughly prepared for the exam. Achieving success on my first attempt was particularly gratifying and reinforced my belief in the power of perseverance and self-reliance.
The AOR exam’s significance in a legal career cannot be overstated, as it enhances credibility, provides exclusive rights, contributes to professional growth, instils client confidence, and opens up numerous career opportunities. I am now reaping the benefits of becoming an AOR.
As the Managing Partner and Founder of TJA Law Chambers, what were some of the significant challenges you faced while starting the firm? Now, after five years, how has the firm’s approach evolved in handling complex cases, and what types of cases have become a focus for your team?
Challenges Faced While Starting the Firm: Starting TJA Law Chambers came with significant challenges, primarily due to the absence of a godfather or established network and the onset of the COVID-19 pandemic. These factors made business development and client acquisition particularly difficult. The pandemic restricted our ability to engage in traditional business development activities and necessitated a shift to remote operations. One of the initial breakthroughs was receiving our first assignment from clients in London and Luxembourg. This opportunity was crucial, as it involved negotiating and drafting high-stakes agreements across various jurisdictions, including China, Hong Kong, the UK, Russia, and Europe. This international work was a ray of hope, helping to establish our reputation on a global scale.
Adaptations and Strategies: Despite the pandemic’s constraints, working from home allowed us to save on office expenses, which was a critical advantage during the early stages. By focusing on delivering the best results for every assignment, we demonstrated our commitment and capability. This dedication paid off as our reputation grew, leading to subsequent opportunities and an influx of work. As a result, we were able to secure empanelment with prominent organizations such as ONGC, EESL, DERC, and Kolkata Port. These empanelments were pivotal in solidifying our presence in the legal market.
After five years, TJA Law Chambers has evolved significantly. Holding the prestigious Advocate-On-Record (AOR) designation, we are now well-positioned in the legal landscape. Our approach to handling complex cases has matured in several ways.
Our firm has developed deep expertise in representing corporate clients and handling complex legal matters across various sectors. Enhanced Services: We provide comprehensive legal services in areas such as energy law, regulatory compliance, dispute resolution, contract management and advisory services. Our practice now spans several key forums, including Arbitration, the Appellate Tribunal for Electricity (APTEL), various Electricity Regulatory Commissions, the National Consumer Disputes Redressal Commission (NCDRC), the National Company Law Appellate Tribunal (NCLAT), and the National Company Law Tribunal (NCLT), in addition to various High Courts and the Supreme Court.
Strategic Growth: The firm has strategically focused on building a strong client base and expanding our service offerings. Our growth is driven by a commitment to excellence and adapting to the evolving legal landscape.
Client-Centric Approach: We have refined our approach to ensure that we meet the unique needs of each client, providing tailored legal solutions and maintaining strong, transparent relationships.
Do you engage in any pro bono work or community service? How does this aspect of your career influence your professional perspective and personal satisfaction?
While we prefer not to disclose specific details, I want to emphasize that TJA Law Chambers is committed to supporting those in need. Our office is open to assisting individuals who are unable to afford legal services, regardless of their financial situation. We believe that everyone deserves access to legal representation and justice, and we are dedicated to helping those who face significant challenges.
It enhances our professional perspective, provides personal satisfaction, and strengthens our commitment to justice and community service.
The legal field is constantly evolving. What are some emerging trends or challenges in commercial litigation and corporate law that new lawyers should be aware of?
The evolving landscape of legal practice increasingly emphasizes the growth of Alternative Dispute Resolution (ADR). Mechanisms such as arbitration and mediation are gaining preference over traditional litigation, primarily for their cost-effectiveness and efficiency. Lawyers must grasp these processes to effectively navigate and resolve disputes, harnessing the benefits of ADR to better serve their clients.
Additionally, the impact of technology and artificial intelligence (AI) on the legal field cannot be overstated. AI tools are revolutionizing legal research, document review, and case outcome predictions, providing unprecedented accuracy and efficiency. Lawyers are encouraged to leverage these advancements to enhance their practice, embracing the future of legal technology.
Staying current with new judgments from the Supreme Court and High Courts is also crucial. As laws, such as the Insolvency and Bankruptcy Code (IBC), continue to evolve, understanding the latest judicial decisions is essential for grasping the development and application of the law. Regularly reviewing these judgments ensures that legal professionals remain informed and adept in their practice.
Could you share some of the landmark cases you’ve handled throughout your career and discuss the key challenges you faced in those cases? How did these experiences contribute to your understanding of the legal field and what lessons can current and aspiring legal professionals draw from them?
I have had the opportunity to be part of several landmark cases involving important questions of law. However, one case in particular stands out to me. While it may not be a landmark case, handling it independently had a profound impact on me.
This was at the inception of my independent practice. An elderly woman had her pension stopped due to a mismatch in her name in government records. This pension was her lifeline, provided due to her late husband’s job. I took up her case, but unfortunately, she passed away before it was resolved. Despite my repeated requests for an early hearing, citing her dire financial and health conditions, the court did not give serious consideration to expediting the case. This was a disheartening moment for me as it felt like our judicial system failed her.
The second notable case was my first as an Advocate-on-Record (AOR) in the Supreme Court. It involved the rights of homebuyers in the context of insolvency proceedings under the Insolvency and Bankruptcy Code (IBC). The issue was the denial of rights to homebuyers who did not file a claim form. The Supreme Court has issued a notice in this case, and its outcome could become a landmark judgment for homebuyers’ rights. This case is particularly challenging as current IBC provisions and Supreme Court judgments support the exclusion of those who haven’t filed claims. We are eagerly awaiting the court’s decision as it could introduce a new legal precedent.
With my limited experience in the legal field spanning over 14 years, I could say that every day presents new challenges, and as legal professionals, we must embrace and welcome them. You strive to achieve the best outcomes for your clients, but sometimes, due to court delays or other reasons, you might not get the desired relief. The important thing is to continue fighting for your clients with the same zeal and dedication.
There will be cases where you face strong opposition. If you have worked on the minute details and thoroughly prepared your brief, even if the law is not on your side, you will earn respect and recognition in the court.
Beyond your legal career, what are some of your hobbies or interests? How do they contribute to your overall well-being and professional performance?
I am an avid adventurer, thriving on the thrill of exploring the great outdoors. I have summited peaks reaching 16,000 and 14,000 feet, embracing the challenges of high-altitude trekking. My passion extends to biking, swimming, and playing cricket, as I constantly seek new ways to stay active and connected to nature. As a true nature lover, I find immense joy in travelling and discovering new places, immersing myself in the beauty and wonder of the natural world. This blend of physical and mental challenges has enriched my professional outlook, enhancing my ability to tackle complex problems and adapt to various situations with a fresh and dynamic approach.
With your vast experience, what advice would you offer to current legal professionals and law students who aspire to make a significant impact in their careers?
Though I feel I am still on my journey if I were to offer advice, it would be this: Embrace life-long learning, clearly define your goals, create a structured plan to pursue them and always be ethical. With dedicated focus and determination, you can achieve anything.
Hello and welcome to our SuperLawyer YouTube channel. Today, we have with us Advocate on Record, Mr. Mayank Sapra, based in Delhi. He primarily practices in the Supreme Court of India and the Delhi High Court, as well as various other tribunals.
His practice areas include arbitration laws, service laws, telecommunication and broadcasting laws, real estate laws, and insolvency laws. He is also empaneled with counsel to secure justice and has represented victims in POCSO matters. We are very thankful to you for accepting our invitation and being here to answer a few questions for our law learners. Welcome and thank you once again.
Thank you so much, ma’am. It’s a real pleasure to be here with you.
I’ll start with my first question. When you decided to become a lawyer, what was your inspiration? And when did you decide to become an Advocate on Record, which undoubtedly is filled with valuable experiences? Could you also share some memorable moments or turning points during your time in college and what inspired you to take such initiatives that have made a name for you?
Well, I’ll start off by saying that I don’t think I’ve taken any initiatives that have made a name for me. But having said that, ma’am, I did not originally want to get into law. Most people from my generation didn’t really consider it. I was a science student preparing for engineering.
However, during my 11th and 12th grades, I realized that not everyone is meant to measure the elasticity of a monkey’s tail. By the time I finished 12th grade, I was quite certain that engineering was not for me.
I had a cousin studying at NUJS, and she encouraged me. My father was convinced that law would be a decent profession to pursue. That’s how I ended up taking the entrance examinations. Initially, my reason for entering law was to prepare for the civil services. It seemed like a natural progression, as studying law would open up options for the civil services exams. But as luck would have it, I lost interest in civil services and ended up at NLUO.
Being at NLUO was a great experience. I felt fortunate to be part of the first batch. Some of my batchmates were among the smartest people I’ve ever met. NLUO wasn’t part of CLAT when I joined, so we had no expectations of getting through. But the idea of coming to a new university and developing a culture of learning became my motivation for joining NLUO.
How has your education shaped your career? I’d love to understand your journey through that.
Honestly, I felt that our teachers were some of the best. Professor Yogesh Pratap Singh, who taught us constitutional law, is now the vice chancellor of NLU Tripura. Dr. Faizan Mustafa was our vice chancellor and is one of the better professors in the country. Professor Abhik Majumdar, currently an associate professor in Goa, was also one of our teachers.
Professor Mustafa did an excellent job of bringing together some of the best professors who knew how to deal with a new law school and students who had no idea how to go about their lives.
We had a professor, Professor Biasa Moharana, who taught sociology. His lessons opened up my understanding of gender equality and disparity. Growing up without a sister, I had little awareness of gender issues. His teachings really helped me understand the other gender and the broader issues of inequality and injustice. This had a major impact on how I approached my career and what I wanted to do.
I never thought about it this way, but now that you ask, I believe my involvement in human rights is partly due to those sociology lessons. They shaped my practice and my approach to law.
Wow! You started seeing things from a gender perspective. Sociology is indeed a big eye-opener for people who haven’t seen the world through the lens of gender inequality. It’s a very touchy subject for me, and you brought it up. So I’ll ask you about your work and representation, including POCSO matters and the NGOs you are involved with around disability laws.
Could you share any particular case or instance where your legal expertise made a difference in someone’s life or the community? Your thought process, shaped in college, has undoubtedly impacted many lives. We would love to hear about any specific instance where your work made a significant difference.
Ma’am, I’m unsure if I should be given the entire credit because, quite frankly, when it comes to human rights, it’s a collective effort. Many people are involved in addressing a particular issue. When I used to assist my senior, Ms. Aparna Bhatt, we worked on a matter in the Supreme Court that was a suo motu recommendation regarding laws pertaining to rape and gang videos. At that time, there were no laws or mechanisms to address these issues, including revenge porn, where people would post unsavory, obnoxious videos to get back at individuals, often without any reason.
Eventually, the government created a mechanism where links could be posted anonymously and taken down within a specific period. The government coordinated with major players like Facebook, WhatsApp, and Microsoft, who were made parties to this initiative. That was a significant point where I felt there was much more to be done.
One particular case that stands out is when I appeared for an NGO called Muskan. The government had allotted them land for creating a residential facility for intellectually disabled children and adults, but when the government changed, they were asked to vacate the land overnight. We approached the Disabilities Commissioner and then went to the High Court, where we secured an order granting us one to one and a half year to find alternative space. This allowed Muskan to plan and accommodate these individuals adequately.
I remember a parent thanking me because Muskan was trying to build a residential facility for their child, who was around 50 years old. The parents, being in their late 70s or 80s with their health issues, were incredibly relieved. This kind of gratitude motivates me to continue working in human rights, even if it’s just a little.
Even that little makes a significant difference. You help change lives, and such contributions bring about substantial societal change. This noble profession directly and indirectly helps many people, something I only realized after pursuing law. On that note, I would like to understand how you diversified your practice into such niche fields like arbitration laws, disability laws, and service matters. How do you navigate these diverse legal practices, and what advice do you have for our learners aspiring to become niche lawyers?
Ma’am, what it effectively means is that I am a jack of all trades and master of none. I know a little about various fields but may not be an expert in any one of them. One reason for this diversification is that I never really chose my path, except for human rights matters, which I consciously pursued.
I went independent after about four years in the profession, and being a first-generation lawyer, I accepted whatever came my way. If someone was satisfied with my work in a particular field, they would recommend me to others. This natural progression led to diversification without any real intention on my part.
I started with Mr. Arun Kumar Varma, a senior advocate specializing in arbitration. Later, when I joined Ms. Aparna Bhatt, I was exposed to human rights and service law. I picked up whatever I could from these experiences to ensure I could do justice to any matter entrusted to me. I won’t promise to win every case, but I’ll certainly try my best not to mess it up. This approach has led to diversification across various areas like insurance law, medical negligence, real estate, and service law. I also consider myself lucky for the opportunities I’ve had.
Your answers lead me to ask a small but significant question: How have you stayed so humble despite your numerous accomplishments? You’ve done so much and have been teaching with LawSikho. How have you sustained your humility and humanity? This is important because success often leads people to lose mindfulness and humility. Your answers reflect a perspective focused on others and a humble acceptance of their views. How have you maintained this grounded, respectful approach, and how can our learners emulate this balance in their own lives?
Ma’am, frankly put, I don’t think this is an achievement of any kind, to be very honest with you. I just like to do my work, that’s how I look at it. Plus, I feel I have a very decent set of friends, juniors, and my wife, who keep reminding me, “Boss, it’s good that you had an excellent day today, but tomorrow somebody might shoot you down.” As my wife likes to put it, there’s no need to feel too proud about it. So, I think that’s what keeps me humble. In my head, I don’t think that whatever little I have today is really an achievement, but I do feel that this profession, and probably doctors as well, is one where people really come to you and entrust their heart and soul with you.
Nobody in India approaches a lawyer because they are happy. They’re in a bad state. When they come to you, they come with a lot of trust and confidence, believing that you can help them with their mess. Now, what happens is they also put you on a pedestal during this entire transaction. So, I feel that, one, it is very important to have people around you who keep reminding you that today is an excellent day, but tomorrow may not be. The second thing is that you need to keep doing that exercise yourself.
Mainly because someone else thinks you argued well, or that this is a good draft, or that you dealt with the client beautifully, or whatever, it shouldn’t make you put yourself on that pedestal. People may want to put you there, and that’s okay because it comes with the territory.
This excellent set of people, including my wonderful friends and, of course, my wife, keep reminding me to stay grounded. For instance, after a great argument, my wife might say, “Great argument! Now go do the laundry.” That’s how it works for me.
This shows how humble and grounded you are. While we were talking about this, I also mentioned that you taught a civil litigation course with us at LawSikho.
Yes.
How was your experience as an educator, and how has that influenced your approach towards advocacy and client representation? When you teach, you interact with students, and their questions are different. What have you learned from that experience?
I’ll let you in on a secret: LawSikho used to pay me to learn. That’s how I looked at it. Teaching that course was one of the better experiences of my career up to this point. You are doing something that will certainly have an impact, and you try your best to make sure it does.
When I started off, I was trying to share my experiences and mistakes, hoping others could learn from them. I have to give credit to the students as well; they were very kind. Many of them were more experienced in life, if not in law. LawSikho has people from diverse fields and backgrounds. Even if they were senior or elder to me, they never made me feel like, “What is this kid going to teach us?”
I started teaching with LawSikho in 2019 when I had only five years in the profession. A lot of credit goes to the students. It also helped me revise my concepts, as I prepared before every class, going through the material again and again. In civil litigation, there was a lot of focus on the Code of Civil Procedure (CPC). Yes, we are taught CPC and we practice CPC, but at some point, we lose sight of certain crucial aspects, whether it’s the drafting, the law, or the latest developments.
Many people think that because there are no amendments, there are no developments. The fact is, there are developments if you have your eyes open to them. This can be seen in various aspects, like pleadings, written statements, and how different high courts deal with deadlines and procedural rules. Reading to teach others helps me remember and stay updated.
The cherry on top is the students’ questions, which encourage me to read deeper. You might think you can teach a class and be done with it, but a student might ask about a particular aspect, pushing you to prepare harder for next time. That’s why I say LawSikho paid me to train myself, and I was very happy about it.
Wow! What a beautiful explanation about that. Given this kind of explanation, I would really like to understand your perspective on the need for understanding the psychological aspects of any person who comes to you, whether it be for arbitration or anything else, be it company arbitration, IP disputes, or simple arbitration matters within the state. What kind of challenges have you faced? How have you dealt with them? And how has your sociological or psychological understanding helped in that particular work? What would be your suggestions for our learners to understand before choosing that particular field?
So ma’am, most of my arbitration experience is in domestic arbitration. Now, having said that, I don’t think the approach to arbitration is any different from how we approach other cases. The only difference is that you have to be very conscious of the timelines. Because whatever principles apply to regular litigation invariably apply to arbitration. Even if the statute doesn’t apply, the analogous procedures do.
For instance, the Arbitration Act specifically states that the Evidence Act doesn’t apply, but similar procedures obviously do. More often than not, unless the parties agree to bypass a particular procedure, the procedures from the CPC or the evidentiary part of the Indian Evidence Act find their way into arbitrations as well. I feel that arbitration is a double-edged sword.
If you want to misuse it, you can misuse it significantly. If you want to use it to your advantage, you can also do that. Let me demonstrate with an example: in a particular domestic arbitration, and I’m talking about how arbitration is a very evolving subject with frequent amendments. With the latest amendment, we are certain that the arbitrator’s mandate ends after one and a half years, after which you have to move an application under Section 29A. But before that, you could just tell the arbitrator that you couldn’t make it, and some were very lenient. I have been part of arbitrations that have gone on for 12 years, which is far longer than a trial in the first instance would take. We knew this was happening, but after a point, you can’t really do anything about it if someone is misusing it.
People start losing faith in the process. Now, you find that the government has come out with a new policy where they prefer mediation over arbitration, excluding arbitration clauses from any government agreement. This is a significant step indicating a lack of faith in arbitration. If the government says they have no faith, you can imagine the state we are in.
It’s a controversial statement, but it’s the truth. Some arbitrations have been excellent, but it’s crucial that stakeholders do their part. Lawyers need to stop seeking unnecessary adjournments, and arbitrators need to stop granting them. With proper timelines, I think misuse might have come down, but it still happens. So, coming back to your question, it’s important to see what suits you and how you want to use the process. The goal should be to get through it as quickly as possible so you can move to Sections 34 and 37 and the Supreme Court, ensuring the final amount can be realized.
No real psychological change is needed because if you’ve appeared before the concerned arbitrator in the past, you’ll have some idea of how they deal with things. Retired judges often bring their original tendencies to arbitration, whether it’s being particular about procedures or being more flexible.
Some arbitrators state in their orders that all discovery of documents or any other procedures need to be done before the issues are framed, and after that, no further discovery will be allowed. This comes from the CPC. So, having an idea of how the judge used to act can be helpful, but you can gauge it during the arbitration. No special preparation is required in that regard.
That particular expertise you gain while practicing in court definitely helps in arbitrations as well, even in mediations too.
Fair enough. Absolutely. That experience certainly plays a role. No doubt about it.
So, with all that said and done, I would like to understand, rather my question would now be towards the mental health of lawyers. We all know the kind of stressful situations we go through when dealing with clients. How do you actually unwind or refresh yourself from that stress? How do you keep your mental health in check? This has become a very pertinent issue nowadays, especially with budding lawyers who are entering the field and feeling exhausted within a couple of years. What are your suggestions? How do you see yourself taking care of that, and what advice would you give to new entrants in the legal field?
You are absolutely correct that it’s a very important issue that needs addressing. I feel that it’s important at any stage of your career to find some time for yourself. I know it sounds clichéd, but it’s something that has made my life slightly better. It’s not that one isn’t working, but it’s equally important to have 30 to 40 minutes away from Netflix, social media, and other distractions. Personally, going for a walk, a run, or even 10 to 15 minutes of yoga helps me channelize my thoughts.
It’s difficult, no two ways about it. Sometimes you’re shouted at by a judge, bullied by a senior counsel, pressed by the opposition, or criticized by a client. I completely understand all of that. But the only way to get around it is to keep finding time for yourself, at least 30 to 40 minutes daily.
Another thing is taking frequent breaks. It helps if you have a travel-friendly partner. I try to plan trips every three or four months with my wife, who is great at organizing them. These breaks, even if just for three or four days, help you come back with a fresh mind. Finding time for yourself daily doesn’t come easily. For someone like me, it didn’t come easily. Even now, I struggle to find 40 minutes daily, but thinking along these lines encourages progress and helps maintain mental health.
It is so true. The way you are explaining it definitely makes sense. Keeping all that in mind, recently, there have been talks around the legal fraternity worldwide about technology and digital innovation taking over all fields of work. How has technology helped you build your practice? Is it friendly for you, or do you struggle with it? If you haven’t struggled, how has technology helped you? How do you see the future, and what is your prediction for the future work of lawyers? This will help our learners understand new fields they can explore or reach out for.
Ma’am, I’m unsure about the various aspects or new work that will emerge, but I can speak about what we currently have.
I’ll address this question in two parts. First, how I feel technology has helped us. Second, with the advent of technology, what new laws have come in that will likely generate new work. So first things first, ma’am, I feel it’s very important to have an open mind to changing technology.
Credit to my junior colleagues who keep insisting, because I’m fairly old school in my head. My problem was that I could not work without a physical copy. My junior at that time would come along with me and she would only have her laptop.
This is post-2020. In my head, I was still using the hard copy. So at some point, it really made me feel that I would have to get into all of this. It’s just that because I’m not starting, there is that initial sort of lethargy or inertia that keeps you from moving towards that goal.
So I think, of late, I have been able to reduce paper consumption. I’m very happy about that. And yes, it absolutely helps because I’m not reliant on anybody to get me the files. When the matter is going to reach, I have the files on my laptop and I can easily use that, or maybe an iPad or whatever.
But it does take a little time. I’ll be very candid—I struggle with it even now. But it’s only when one keeps working on this that you will actually end up reaching there. It’s not about flashing a laptop or an iPad in the board and saying, “Okay, you know, I have something like this.” But then you see what happens is that when you see people who are older than you, people who are far more experienced and are more likely to be old school, dealing with technology in such a brilliant and seamless manner, you know this for a fact that the only thing stopping you is probably that lack of effort.
So I feel that part is very important. It’s a mental block that needs to be overcome to make space for technology. And I think it makes life easier. It absolutely does. Because I was telling my junior colleague the other day that we’ve seen times, and people who are senior to me have seen even worse times, where people used to keep stones in Delhi, in the Supreme Court. They would keep stones just so that their identification could be marked where they would be in the line of filing.
By the time I came into the profession, the thing was that you had to stand in the line—keeping the stone was not going to help. So the times were fairly flexible, and you had to keep making changes and all of that. But now we just sit in our respective homes, make changes, and file online.
So it’s obviously become more convenient. That, I feel, is a very, very happy change as far as technology is concerned. Now, coming to the second part of it: technology and the growth of technology are also a double-edged sword because there are privacy issues that have cropped up.
When the world was talking about GDPR some years back, India has now finally come up with the Data Protection Act, the Personal Data Protection Act, I believe it’s called.
So I think if somebody is really interested, if somebody really finds the work being generated, I think that is going to be a very, very decent area to specialize in. If I could find the time, I would certainly want to go through that Act and maybe figure out if there is some work there for me.
See, the thing is that some time back, we used to only talk about movies from a very cinematographic point of view. Now, as it stands today, we are dealing with OTTs. And there is a lot of work being generated there too because a lot of times people ask whether there is a requirement for a government body or a regulator to step in to say whether there is some sort of regulatory mechanism required in OTT. I believe at some point it will happen.
But as it stands today, I feel it’s working on a very self-regulation mechanism. So, even that, I feel, in times to come, will have some work. That’s the length and breadth of my thought process at this point.
It’s actually the Digital Personal Data Protection Act. I’m pretty sure that you will do wonders once you get to read it and you’ll get good clients as well. The reason is I am doing all that, so I know about it, and actually, we have to follow what is going on in the digital world as well. And the kind of practice that you have, it is going to be very helpful in digital and cyberspace as well.
Yes.
It has been a very candid interview. You were so clear about your thoughts. I was really amazed that you gave some thoughts about all these aspects of judges, how arbitration works. It’s not easy for lawyers to be so open and so clear about these matters, admitting that they are bringing their mindset to arbitration as well.
It has affected arbitration, but it has been a beautiful experience to have you here, Mayank Ji. It’s absolutely enlightening. And thank you for accepting our invitation.
Could you please introduce yourself to our readers and share your journey from your early days in law to becoming an advocate-on-record at the Supreme Court of India? We’d love to hear about the pivotal moments, challenges, and inspirations that have shaped your remarkable career trajectory.
After graduating from Symbiosis Law School, Pune in 2009 I joined the Legal (Tax and Regulatory) Department of PriceWaterhouseCoopers (PwC) where I had a short stint of about a year. My work at PwC mainly included doing due-diligences for various organizations and businesses, opening on labour law and employment law queries from pan-india PwC locations. While my time at PwC gave me a lot of exposure to the regulatory side of work, from the point of view of Indian as well as international clients, I felt that I wasn’t being challenged as much – mentally as well as academically. I started speaking to my law school batchmates who were pursuing litigation and that’s when it became clear that I was missing out on the real deal. Even though the economy was in a recession in the year 2009, I did the unthinkable and put in my papers at PwC and joined Parekh & Company, which is a full-service litigation firm. To be honest, it was very difficult to take a 50% pay-cut and say goodbye to the 9 to 5 job where I had the weekends all to myself. Looking back, it was the best decision ever. Upon joining litigation, I realized that there is no concept of weekends and no fixed timings. Juniors were expected to carry work home and make sure the filings were done in time, seniors were briefed well in advance and the clients got the reliefs they wanted. There were moments where I felt I’d bitten off more than I can chew but I just kept at it and before I knew it, I fell in love with the entire process. At Parekh & Co, I was under the guidance of my “first boss” as I call him to this very day – Mr. Sameer Parekh. At Parekh & Co., I had the privilege of working on matters being argued by some of the most distinguished legal luminaries like Mr. Harish Salve, (Late ) Mr. Ashok Desai, (Late) Mr. Ram Jethmalani, Dr. Abhishek Manu Singhvi, (Late) Mr. Goolam Vahanvati, (Late) Mr. T R Andhyarjuna, Mr. Rohinton Nariman, K K Venugopal, Justice P S Narsimha, (Retd.) Justice U. U Lalit to name a few. After working in Parekh & Co. for about three years, I had a short stint at TMT Law Practice which is a technology, media and telecommunications law firm where I had the opportunity to represent clients across the entire spectrum of the media and entertainment industry, including television, films, radio, music, print and publications. Thereafter, I got married to my batchmate from law college – Diggaj Pathak, who was also pursuing litigation full time. Since we had put in about five years into the profession and got a fairly decent amount of work to pull us through, we decided that it was time now to take the plunge and go independent. That was truly the best decision of our lives. Now we were two like-minded individuals ready to take our love affair with litigation to the next level. People say it is difficult to work with one’s spouse and that one mustn’t mix business with pleasure but that has been far from the truth for us and we have had such a successful partnership where both of us have immensely contributed to each other’s growth in this profession. After spending 7 years in litigation, we became eligible to take the Advocate – on – Record examination and cleared it in the first attempt. There was really no looking back after that.
You have an impressive portfolio of legal representation spanning various tribunals and courts. Could you share a memorable experience from your early days in the legal profession that shaped your career trajectory?
Due to the work ethic I was exposed to at Parekh & Co., I learnt that one must never say no to any kind of work and that litigation encompasses more than just the Supreme Court or the High Court. There are so many tribunals and quasi-judicial bodies in Delhi like National Green Tribunal, Ministry of Mines, Central Information Commissions, National Consumer Fourm, Employees Provident Fund Appellate Tribunal, Debt Recovery Tribunal, Central Electricity Regulatory Commission, Armed Forces Tribunal, Appellate Authority for Revenue cases etc. So there is really no dearth of work. There were times when I wasn’t sure if I could do justice to a matter but I was fortunate enough to be surrounded by such encouraging seniors and mentors who provided me with the necessary push so that I could give my 100% to the cases in question. I had the opportunity to appear very frequently before the Telecommunications Disputes Settlement Appellate Tribunal (TDSAT) when Justice Aftab Alam (Retd.) was the Chairman. Justice Alam was extremely encouraging of women practitioners and would often appoint me as Advocate Commissioner in matters which really helped me build my confidence. Similarly, Justice Shiva Kirti Singh (Retd.) also appointed me as Local Commissioner in several cases for which I had to travel outstation and that again really helped me understand the telecommunications and broadcasting sector from close quarters. Apart from TDSAT, I had the privilege of working with Mr. Krishnendu Datta, Senior Advocate on various company matters before the NCLT. I was greatly inspired by Mr. Datta’s work ethic and the way he completely immerses himself into cases really had an impact on me. I also love to brief Mr. Gopal Sankaranarayanan, Senior Advocate for my Supreme Court matters from whom I get to learn so much. He is truly an exceptional individual. Then I had the good fortune of working with Mr. Meet Malhotra, Senior Advocate on several telecommunications and broadcasting matters. Words cannot describe how much Meet Sir helped me in building my practice in the energy sector. His trust and faith in my work has helped me immensely. I am deeply indebted to these individuals.
With your extensive involvement in telecommunications and energy sectors, what sparked your interest in these particular areas of law?
To be honest I never imagined that I would be practicing so extensively in these sectors but that’s the beauty of being a first-generation litigating lawyer – you never know what you’re going to get and sure enough you never say no to any kind of work! Having said that, I had the opportunity to work in the telecommunications sector early on because my partner was already handling the work in that area for a few clients. So, when we started working together, I had to naturally shoulder the responsibilities with him. Some of the cases before TDSAT were extremely high-stakes and in those matters we would brief Mr. Meet Malhotra, Senior Advocate from whom we got to learn so much. As far as work in the energy sector is concerned, I owe most of what I know in this field to Mr. Buddy Ranganadhan. Buddy Sir is an outstanding lawyer and briefing him is such an enriching experience, every single time.
Balancing a career in law with personal interests is crucial for holistic well-being. Could you share some of your hobbies or interests outside of the legal realm that help you maintain a sense of balance?
To be very frank, it is super hard to maintain a work – life balance being a litigating lawyer and even more so if you’re a female litigating lawyer. And if you are a mother, then you need multi-tasking skills of a different level. Even if you ace this time management, be prepared to pay the ‘motherhood penalty’. Yes, the legal profession is not immune to it. Every day of the week, we are in court and the evenings are spent lamenting on the cases listed for the next day. Sometimes, you’re in multiple courts on a single day and your meal-timings go for a toss. Then Saturdays are for the district court cases and Sundays are for drafting assignments, conferences with senior advocates and client meetings. One has to also take out time for social and professional commitments. In all this chaos, it is very easy to actually lose sight of your own health and the health of your loved ones. So, keeping fit – mentally as well as physically – is of utmost importance. I try to be active and take out time to take my toddler out to the park and ensure that I take at least 4 vacations a year. I carry work with me on those vacations too, much to my partner’s dislike, but that’s another story. I also enjoy judging moots and have had the privilege of judging some moot court competitions like the FDI International Arbitration Moot, the KTS Tulsi Mock Trial Competition etc. I also love to interact with young law students, especially first-generation lawyers who are sometimes overwhelmed by litigation practice and have had the privilege of speaking at the Delhi Faculty of Law on the topic of Career as an Advocate-on-Record. I also try to give my services to those who cannot afford it and have done a few pro-bono matters. The appreciation I receive from my pro-bono clients is really immeasurable.
Starting a legal career can be daunting for many young aspirants. What advice would you offer to the current generation of law students and aspiring lawyers looking to make their mark in the legal profession?
There are a couple of things that one must mentally prepare before joining the legal field. Firstly, always and I mean always remain an “eager beaver”. Everyone will see it – Judges, clients, seniors as well as colleagues – it will help you generate new work. Secondly, never say no to any case even if it is small research – you will learn so much from it and that knowledge is to be treasured. Thirdly, be prepared to sometimes miss out on important personal events like weddings, funerals, birthdays etc. as you may have a deadline or the limitation would be expiring in a particular case. If you have taken up some assignment or matter, you cannot leave it halfway no matter what. Having said that, it is also incumbent upon you to then make it up to that family or friend who’s function you missed. Fourthly, there will be times when you may be reprimanded at – by the Judge or your senior. Do not take it to heart, listen to what they are saying as they have experience which you don’t and experience must be respected at all costs. Fifthly, be kind to your support staff – court clerks, driver, office boy, nanny, cook etc. You will be most effective if you have a strong team backing you up. Sixthly, be grounded and grateful. It is easy to lose sight of where you started from when you’re making a lot of money but one must never take any matter – big or small, for granted. Lastly, be fair to your opposite counsel. There is life outside court also. We are a small fraternity and people talk. Not all cases you get would be very high stakes, but be determined to prove yourself. Slowly but surely, the work will start pouring in from all quarters.
Being a female practitioner in a male dominated profession do you have any specific advice for women who are keen to join litigation?
Let’s face it, the ratio of women-to-men in the legal profession is abysmally low. But the demographics are changing over the past few decades. While it is true that the legal profession demands long hours and constant availability, I want to tell these women who want to join litigation that the fruits of the hard work you will put in will be immense. If you are a working mother, and this holds true for any field, you will be perceived as less committed to your career because it is assumed that you choose to work only because you have financial needs to fulfil. Employers are wary of hiring mothers as it is thought that since they have familial responsibilities, they will be less dedicated to their roles. But this notion is completely wrong, and, if at all, only applies to a very small percentage of working women. We can be as passionate, as driven and as ambitious as our male counterparts. We are currently blessed to have Justice D Y Chandrachud as our CJI who is a staunch supporter of increased participation of women in the legal profession. He values inclusivity of women lawyers and makes a mention of it not just in open court but also at every public platform he speaks at. He was very pleased to see a dramatic increase in the number of women appearing virtually before the courts during and post-covid as it provided them the comfort of appearing from the safety of their homes. In 2024, a committee headed by our CJI designated the highest number of female senior advocates that have ever been designated by the Supreme Court in its entire history since 1966. Just imagine, 12 in 75 years and 11 in just one year! Justice Chandrachud has also encouraged more and more women to come forward, contest elections and hold positions of responsibility in the bar associations and the bar councils. He has further advocated for institutional support (like creches in courts) to ensure more and more female lawyers are inducted and retained in the profession. This augurs really well for us women practitioners. We should take full advantage of this changed scenario. In the coming times, I’m sure there will be more designations and more elevations. Personally speaking, I feel so inspired looking at the women senior advocates practicing today. Few senior advocates whom I have briefed and who had a great impact on me include Mrs. V Mohana, Mrs. Madhavi Divan and Mrs. Haripriya Padmanabhan. I hope to one day have the opportunity of working with (Retd) Justice Indu Malhotra, Mrs. Indira Jaisingh and Mrs. Aishwarya Bhati as well, all of whom are outstanding lawyers. So, my advice to young women aspiring to join litigation would be to perform decently at law school, write legal articles, if possible, take your internships very seriously and once you start a career in litigation, just stick with the grind. The results are inevitable.
As an advocate-on-record and panel counsel for esteemed organizations like TRAI, WBSETCL, Eastern Coalfields Limited and Central Coalfields Limited, what strategies do you employ to effectively represent your clients’ interests while upholding your own ethical standards?
Preparation is key obviously. Secondly, I inform the client of all the eventualities because anything can happen in court so one has to be prepared in advance. If the client has been slightly in the wrong, and is informed in advance of the probable reaction from the court, then it can give suitable instructions to his lawyer about the extent of the concession the lawyer can make on its behalf. Thirdly, if there is a senior counsel being briefed in the matter then he/she has to see how invested you are in the case. It makes it all the more interesting for them. Since some of the matters for these clients are very high stakes, I always get instructions in writing to avoid any miscommunication later on.
Your educational journey includes international exposure during your schooling in the United States. How do you think such cross-cultural experiences contribute to a lawyer’s ability to navigate diverse legal scenarios?
I studied in California for about three years and it was such an enriching experience. Since my father was in a transferable job, I changed almost eleven schools and had the opportunity to stay in many different parts of India too. This gave me so much exposure as I had to get used to adapting to a new place every few years. That helped me tremendously. The legal professional is so multi-faceted. You may be able to impress your client with your legal knowledge but if you’re not able to smooth talk your way in a Bihari or a UP accent with the Court Master or the Alhmad to get a certified copy or a shorter date then what is the point of all the fancy education that you have had?
Becoming an Advocate-on-Record involves rigorous training and examination. What motivated you to pursue this prestigious designation, and how has achieving it impacted your legal career and approach to advocacy?
So, it is very important to understand that one doesn’t magically start getting Supreme Court briefs simply because one has cleared the Advocate-on-Record examination. In order for a steady stream of Supreme Court cases to come your way, you have to have what we refer to as a “parent high court” where the advocates from that particular high court keep sending you matters regularly to be filed in the Supreme Court. But the fact of the matter is that many first-generation advocates like myself do not have any such contacts with any high court so the cases initially will be far and few. One has only to ensure that they give their 100 percent to those cases. Soon enough, your client, your colleagues, your seniors will spread the word which will certainly translate into more matters. Having said that, choosing to practice exclusively in the Supreme Court is a completely personal choice and if that is the path you have chosen as a first-generation lawyer then you must keep reaching out to the lawyers practicing at various High Courts to generate Supreme Court work. But I speak for myself, I consciously did not want to restrict myself to practicing only in one court. I took the exam because I wanted to have this added qualification so that in the event a situation arises where I’m required to approach the highest court of the land, I should be able to do so myself without asking anyone else to be my AoR. I was also able to generate supreme court work by practicing in various forums like the National Company Law Appellate Tribunal, TDSAT, National Green Tribunal, Appellate Tribunal for Electricity etc.
You’ve been associated with the law office of DPSS, which holds a prominent position in the legal landscape. Could you share some insights into the working of your firm?
The Law Offices of DPSS was founded by my husband (Diggaj Pathak) and I about ten years ago. Diggaj was my batchmate at law school and we started out with just a handful of matters. We are soon going to complete 1000 files together. Though we have grown since our founding, we are the same agency at heart. We approach each of our clients with fresh eyes to offer them customized and unique strategies. We are result oriented, in as much as we try and get speedy relief for our clients instead of keeping them embroiled in litigation which can sometimes last for several years in our judicial system. If the circumstances permit, then we actively try to mediate and settle the cases for our clients which can sometimes get better and faster results than adversarial litigation. We feel we owe this to our clients and to our judicial system. Ultimately, as lawyers we must not burden our courts unnecessarily and if there is a way to sit across the table and negotiate terms of a settlement then we always explore that option.
Can you tell us about your journey into law? What inspired you to pursue an LL.B and later an LL.M in Corporate/Banking & Insurance law?
My journey into law is not an easy Journey. It was my Childhood dream to become a lawyer, but initially destiny had planned something else for me and due to the compelling economic conditions of my family and my zeal to serve the country, I had joined the Indian Air Force at the age of 17 Years as an Airman in the year 1996.
While serving the Indian Air Force I have pursued my higher education. When I was posted at Air Force Station, Nashik, I attended evening law college after my working hours in the Indian Air Force for a law degree. I did my LLM from Kurukshetra University.
I am a first-generation lawyer with no lawyer in the immediate or distant family. Being from a humble background, I was always inspired by this profession and believed that lawyers have the unique opportunity to help others and make a difference in their lives.
You have extensive experience in the Supreme Court of India, High Courts, and Tribunals. What were some of the most challenging cases you handled early in your career?
Most of the cases I handled initially were challenging. I would like to talk about two of those cases: –
There is a reported case of CBI, wherein, we all have encountered a unique legal issue, that whether the statement of an accused can be recorded under Section 313 CrPC, Since the accused is not able to write and speak. The Ld. The Trial Court Judge has cancelled the bail granted to my client (accused) stating that the accused is deliberately not answering the question put to him under Section 313 of Cr PC. We had only two days’ time to get relief from the higher court. I had done all the mentioning and could get the case listed on the same day. The Hon’ble High Court ruled that “As per the medical report, the accused is unable to write and speak and therefore the Statement under Section 313 of CrPC cannot be completed.
In another case, through SLP (Criminal) I ensured cancellation of bail of a murder accused from the hon’ble Supreme Court of India, in which indirectly I received threat from the accused side.
Your role as in-charge of the Air Force Legal Cell at the HQ Western Air Command is quite intriguing. Can you share some key experiences and challenges you faced during your tenure there?
As in-charge of the Indian Air Force Legal Cell, one needs to have a much more holistic understanding of law. Right from the management of litigation in Courts and Tribunals for Union of India and Indian Air Force to management and conduct of Court Martial and Court of Inquiry, management of all the applications and 1st and 2nd Appeals related to Indian Air Force under the Right to Information Act, 2005. Defended 2nd Appeals on behalf of the Indian Air Force under the Right to Information Act at Central Information Commission, Management and conduct of Charge Trials for the minor offence committed by Indian Air Force personnel, to provide general legal administrative and Secretarial support to Command Judge Advocate.
Further, you are not only in charge of the Legal Cell, but you are a trusted advisor, making sure that the legal department of Command Headquarter and Units under its area of operations functions properly and smoothly.
Managing litigation on behalf of the Union of India/Indian Air Force must have been a significant responsibility. What strategies did you employ to effectively manage and resolve these legal issues?
Strategy is one of the most critical aspects in effectively managing and resolving legal issues of an important organization like the Indian Air Force. A good strategy acts as the bedrock on which the entire legal department functions efficiently.
I started understanding the work and worked closely with Command Judge Advocate Generals to set clear legal goals that fit with the Organization’s overall plans. Good and effective Communication within the team members and with other departments were the key for everyone to work together smoothly and in tandem. I used to talk regularly with the Unit Legal Cells of the Command to understand their Legal needs and extend all the possible help round the clock.
You have a strong background in drafting various legal documents. What do you think are the most critical aspects of drafting effective legal documents?
Legal Drafting is the most important instrument of legal Communication. The Skill to draft well, is the skill to think and Communicate Well.
In my legal draft I judiciously select words, phrases and clauses adhering to the intricacies of the subject matter. Whether it’s contracts, Agreements, or Petitions, each document necessitates bespoke attention to details.
A proficient drafter must bridge the gap between precision and comprehensibility leaving no room for ambiguity. Documents must not only be legally sound but also strategically crafted to achieve the desired outcomes for the clients.
One needs to follow the principles of drafting legal documents i.e., clarity and precision, simplicity and conciseness, specificity and completeness and compliance with legal requirements.
Maintaining excellent relations with clients and legal counsels is vital in your profession. Can you share your approach to building and sustaining these relationships?
In the dynamic landscape of legal practice, a client-centric approach stands as the cornerstone of success for lawyers, striving to excel and that means developing a process for building and sustaining relationships.
I make a compelling argument for why clients should choose us. My approach is to build lasting relationships with the clients and ensure they don’t feel like mere rupee signs. It is important to understand the client’s needs, the communication should be transparent, I should be able to manage the expectation of my client and I should be ready to walk an extra mile by providing exceptional services.
Building and sustaining strong client relationships is paramount in the legal profession, where trust serves as the CornerStone for Success. For an Advocate -on-Record, most of the Clients are legal Counsels of High Courts and trial Courts through whom briefs come.
You’ve obtained favorable judgments for clients in several high-profile cases, including the Delhi Metro Rail Corporation project and Armed Forces personnel cases. Could you elaborate on these achievements and their impact?
The legal field is known for being highly competitive with lawyers, Paralegals and legal professionals all striving to outperform one another. This intense environment often resembles a constant legal battle where success is the ultimate prize. In such a challenging arena these achievements become imperative.
This was the long pending issue of Delhi Metro Rail Corporation project due to which DMRC has suffered revenue loss of Crores of Rupees. I had perused the legal issues of land acquisition and rehabilitation of people from one place to another place. The said DMRC project was affecting the residents of Trilokpuri.
There were multiple litigations pending in various Courts including the Supreme Court of India on the issue. The 58.6 Kms long Mukundpur Shiv Vihar Corridor was to be the longest Corridor on Delhi Metro Network. The Delhi Metro had missed the deadlines for its Phase III project. A Communal twist has prevented Delhi Metro from relocating nearly 400 families at Trilokpuri. The DMRC was struggling to resolve this issue. The Delhi Metro was given an alternative land in Pocket 16,17, and 18 for rehabilitation of People living in pocket 15 in 2014 itself, but DMRC was not able to carry out the rehabilitation work even after the completion of the construction of flats due the non verification of documents and multiple litigation pending in various Courts.
I have successfully undertaken the project of rehabilitation of the affected person to the alternate location by verifying their documents and clearing the way for the long pending DMRC project, which further settled all the litigations pending in various courts.
In one of the landmark Case of Armed Force, I successfully argued before the Principal Bench of the Armed Forces Tribunal, wherein, the Hon’ble Bench has directed the Ministry of Defence and Indian Air Force to issue a No Objection Certificate (NOC) to Serving personnel of Indian Air Force, Sgt Samant Singh Sengar, clearing his way to join as an Assistant Professor of History in Madhya
Pradesh Public Service/Commission. In 2017, he applied for the post of Assistant Professor with the Madhya Pradesh Government and cleared the exams. However, he could not secure permission from the IAF since his current Skill grade did not qualify him for the post. In the revised Policy of the Air Force, possession of professional skill grade ‘A’ was added as a mandatory requirement to apply for Gp A/B Civil exams.
This landmark Judgement has paved the way for many similarly situated aspiring airmen.
Finally, what advice would you give to fresh law graduates who are just starting their careers? What key skills and mindset should they develop to succeed in this field?
My advice to fresh law graduates who are just starting their career is to focus on basic concepts and constantly stay informed about changes. It’s important to stay updated on new developments and technologies.
They should work on and develop analytical abilities to assess the complex legal issues, analyze statutes and case laws. Effective written and oral communication skills are paramount in law. The young lawyers should also develop proficiency in legal research to gather relevant information, examine precedents to support their legal arguments.
Nevertheless, fresh law graduates should always strive to maintain a high standard of professionalism, ethics and integrity in all their work. Law is a noble profession, and it’s important to uphold its values and principles.
Can you share a bit about your journey into the field of law? What inspired you to pursue this career path?
When I was in school, I was rather drawn to the criminal justice system, whether it was from what was covered in the news in then ongoing cases, criminal novels and shows which piqued my interest. Thereafter, I did my graduation in Psychology Honors from LSR, where my primary field of study was abnormal psychology, being intertwined with criminal laws. Even though during the first year of LL.B, like most of us, I was also equally attracted to the Corporate side and ended up interning for 6 months at Trilegal, the first day I set foot inside the Apex Court while interning with Mr. K.T.S. Tulsi sir, all my aspirations in this field shifted and I knew I wanted to practice criminal laws.
As a Partner at Mandla & Singh Law Chambers, what are some of the most rewarding aspects of your work?
In litigation, mostly everyone aspires to go independent someday and establish their own practice. For me, that juncture came a little earlier than expected and Mandakini Singh, (my senior associate from the Chambers of Tulsi sir) and I started this litigation chamber in 2018. Undoubtedly, it takes significant time and effort to get your independent practice off the ground, especially being first-generation lawyers, but then there were many seniors who were exceptionally kind to us to offer support and even refer work. The most rewarding aspect in running your own practice is the opportunity to not only build cases by formation of a narrative but also to oversee the outcome. It gives you a platform and opportunity to understand your shortcomings and actively work towards growth.
Your involvement in drafting legislation such as the Criminal Law Amendment Bill, 2019, reflects a deep commitment to legal reform. What drives your passion for advocating for change within the legal system?
The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values. As our worldview and perceptions shift, so do the nuances of the legal system. Every judgment that explains or expands the scope of any section or act is an active step toward changing the limits and understanding of the legal system.Law and society are intertwined, each contributing to shifting the perspective of the other.
Could you tell us about a particularly challenging case you’ve worked on and how you navigated through it?
The most challenging case has been the Tablighi Jamaat case. There were 955 foreigner nationals from 48 countries which were detained for 2 months and when the Habaes Corpus case was preferred before the High Court of Delhi for their release, overnight chargesheets were filed against the foreigners.Even though there was not a single medical report which was placed on record in the chargesheet showing anyone as Covid-19 positive, yet the narrative in the media was running contrary to the evidence on record, which also colored the public perception. The impact and perception of media trials, particularly in sensitive and high-profile cases was highlighted. Media trials can lead to premature judgments and public opinion that may not align with the legal proceedings and the principle of “innocent until proven guilty.” Furthermore, 2 months into the litigation, it surfaced that there were second FIRs against the foreign nationals and those who were repatriated on humanitarian grounds of plea bargaining after depositing costs to an extent of Rs. 52L to the Government, they were once again estopped from returning to their homes. It led to an arduous and protracted litigation” of 150 hearings, 955 bail applications, 5 writs, 44 discharge applications, 26 quashing petitions, 80 revision petitions, 15 hearings before the Supreme Court and then a trial in a Delhi court over 9 months. Even though there was not a single conviction in Delhi as even all the foreigners who chose to contest the charges in the trial were acquitted, this case was unprecedented under the unforeseen circumstances across the globe.
The other case, which was recently viewed as a landmark judgment in Pavana Dibbur v. Directorate of Enforcement.,2023 SCC OnLine SC 1586 wherein the Hon’ble Apex Court was pleased to quash the complaint u/s 44/45 of the PML Act, 2002 (akin to chargesheet) on the ground that s. 120-B IPC can be invoked only in reference to a predicate scheduled offence, was rather challenging as a case, as there were no authorities on this issue and all judgments of the Apex Court as well as various High Courts were ambiguous. The coming of this judgment reinforced the confidence that one can build arguments from bare reading of provisions and interpretation of statutes even if there are no judicial precedents precisely on the issue. Needless to say, it would not have been possible without the fierce and structured arguments led by Senior Advocate Meenakshi Arora ma’am.
Your achievements in both academia and extracurricular activities are impressive. How do you balance your professional responsibilities with your personal interests and commitments?
I believe that lawyers led stressful lives as is, which makes it imperative to have interests outside of work, to balance out. More often than not, the demands of every day work and deadlines puts personal lives at the backseat. I personally make it a point to travel, even if it is a short trip, whenever the opportunity presents itself. It gives you something to look forward to as well. Apart from that, there are many tournaments organized by various Bar Associations, which are an amazing way to break the ice, forge better bonds with your peers and seniors.
Being an Advocate-on-Record before the Supreme Court is a significant achievement. How did you prepare for and approach the examination, especially achieving such a high rank on your first attempt?
I had started my career at the Apex Court as a junior, so I was always enchanted and inspired to become an Advocate-on-Record before the Apex Court. Truly, with running my own practice, I was able to only devote 20-25 days of study towards the examination and managed to secure a Rank #4. However, the fact that a lot of the concepts tested in this examination especially in the papers of Practice and Procedure as well as Drafting have nexus with everyday practice before the Apex Court, having practiced for 5 years, in terms of drafting, filing and arguments, before appearing in this examination made those papers fairly easy to prepare for.
As for the other two papers namely Leading Case and Advocacy and Professional Ethics, most of those cases were a part of the curriculum in college and hence were formative concepts which are widely referred to and relied upon across a spate of judgments and thus, if the basic concepts in law are clear, the examination is not all that tough. Therefore, the syllabus ought to not be viewed as something one can mug up for the examination, but if you truly read the judgments in its entirety, you will benefit in your practice as it will enhance your concepts and knowledge base, with concepts or sub-concepts which were perhaps not completely understood during college.
With your experience in criminal defense litigation, what do you find to be the most common misconceptions people have about this area of law?
It is no surprise that the salary for freshers in litigation is not comparable to the corporate sector, which has been a driving factor for an increased number of graduates preferring the latter. However, criminal defence litigation is far more rewarding in all aspects as compared to the corporate sector. Furthermore, another misconception is that criminal defence litigation is not for women, and for most of us, even our families are not comfortable with the thought of women visiting jails, police stations and lower courts. We have legal stalwarts such as Senior Advocates Ms. Meenakshi Arora ma’am, Ms. Indira Jaisingh ma’am, Ms. Rebecca John ma’am, Ms. Shobha Gupta ma’am, who are not just counted as the best female advocates, but in the list of the best advocates. Therefore, the field is not an old boys club.
As someone who has accomplished a lot in their legal career, what advice would you give to recent law graduates who are just starting out in the field?
Be patient, zealous and persevere. Law demands layers of intricate knowledge which is gathered across a spectrum of fields over a period of time. There are essentially no shortcuts to success and the only way to conjointly sustain and grow is through day-to-day perseverance. The skill-set which needs to be developed in this profession to stand out, are built over years of backbreaking work. Join offices which teach you work, develop your skills and offer you opportunity to grow.
Can you share what initially inspired you to pursue a career in law, especially coming from a remote rural area in Bihar? Who showed you this career path of Law? Please allow us to walk through your journey.
Right from the very beginning, i.e. primary school days, I used to read that most of the freedom fighters, politicians and ministers were lawyers. This fact developed thinking inside my mind that lawyers are tools of social change in society. Observing my surroundings, where there are prevalent economic and social inequalities, I always wished to be a tool for social change. Though initially, I tried social upliftment in the village through arranging plays, cleanliness drives and free tuition after passing intermediate examinations, I decided to choose law as a profession so that my passion could also be fulfilled.
Transitioning from a Hindi medium school to studying law in English must have been challenging. How did you overcome these hurdles, and what advice would you give to students in similar situations?
Transitioning from Hindi Medium to English was the biggest challenge. Initially in school, I learnt translations from books, but later I chose more convenient ways to learn English by listening to Hindi and English news broadcasts respectively. Hindi and English broadcasts of BBC, DW (Deutsche Welle) and All India Radio on short waves helped me to a greater extent. Later in college, I used both Hindi and English medium books to study, however I used to write examinations in English. Watching English movies with subtitles also helped me in gaining vocabulary. After joining the courts, reading judgments regularly improved my English.
Young students who are in similar situations are advised to read lots and lots of bilingual study materials and switch to English gradually. In the current times, knowledge of the English Language is a must for success at least in Supreme Court and High Courts. However, no one should feel shy in trying even if he/she feels that his English is not perfect. Even today, after almost a decade of law practice, sometimes I fail to find or remember exact English words for feelings that I wish to express to Court or somewhere else. So the most important part is to keep trying and to remember that none of the Indians speak English as their mother tongue and they all have learnt English sooner or later as a second language only.
You have an extensive background working with legal stalwarts like Mr. K. K. Venugopal and Mr. Kapil Sibal. What are some key learnings you gained from these experiences?
Briefing legal stalwarts like Mr. K. K. Venugopal and Mr. Kapil Sibal are insightful. I have briefed them on many occasions in my independent matters. The biggest learning from briefing them is, to hear briefs patiently and carefully. Even though they are themselves an authority on some legal subject matters, but then also they take briefings very patiently and accommodate the viewpoints of juniors. In one of the matters wherein interpretation of the MMDR Act was involved, Mr. K. K. Venugopal, who was the Attorney General of India, had many detailed discussions with me as assisting counsel before giving the final Written Opinion to the State of Chhattisgarh.
Since shifting your focus to the Supreme Court in 2016, how has your approach to handling cases evolved, and what unique challenges have you encountered?
After shifting practice in the Supreme Court, my approach has remained simple and steady. I never draft unnecessary bulky briefs and have never tried to mislead the Hon’ble Court or the opposite party. In the beginning years, my focal point of briefs was scattered but with experience, gradually, I have learnt to pinpoint the main legal issues involved in a case, so that the Hon’ble Court may not waste valuable judicial time in finding legal issues in a brief.
The most unique challenge I have faced in the Supreme Court is the unbalanced approach of Hon’ble Benches in hearing cases that are led by Senior Advocates and Advocates. There is a general tendency among Judges that if a matter is represented by relatively young counsel, it must not be an important matter. Some benches even get angry and try to dissuade them from appearing in the Supreme Court threatening with costs.
You have been involved in various public interest litigations aimed at improving the judicial system. Can you discuss a specific PIL you worked on and its impact on society?
I remained part of many PILs. However, the most important PIL was ‘Youth Bar Association of India V Union of India’ reported in (2016) 9 SCC 473 wherein the Hon’ble Supreme Court was pleased to direct all states and Union Territories to upload a copy of FIR on respective websites within 24 hours of its registration. This judgment had a huge impact on the administration of justice. Earlier, common citizens were not able to get copies of FIR even after many attempts, now it can be obtained through some clicks online. In one of PIL ‘Manohar Pratap V Union of India’ W.P. (C) No. 780 of 2019, I raised issues of the deaths of hundreds of children in Bihar due to Encephalitis. The Hon’ble Supreme Court took a serious view in the matter and in reply filed by the State of Bihar, it was found that there is a complete lack of medical services in Bihar. Later the matter was disposed of with liberty to approach the High Court of Patna.
During your tenure as Deputy Advocate General for the State of Chhattisgarh, what were some significant cases you handled, and what did this role teach you about state-level legal issues?
During my tenure as Deputy Advocate General, most of the matters handled by me were related to the MMDR Act and NGT Act. There are no such remarkable judgments to point out, however representing the state I learned about the stage-wise implementation of policies, and lacunas in State machinery leading to non-implementation of judgments.
As a staunch supporter of mediation in matrimonial cases, how do you see mediation contributing to a more efficient and humane judicial process?
Mediation is an important tool for resolving disputes. From my personal experience, I found that there is a 50% success rate for resolving disputes through mediation, which is much better than dragging cases for years.
As a staunch supporter of mediation in matrimonial cases, how do you see mediation contributing to a more efficient and humane judicial process? Can you elaborate on its effectiveness in resolving disputes compared to traditional litigation?
Most mediations are in matrimonial disputes arising from transfer petitions. I don’t do adversarial litigation in matrimonial disputes and always try to find an amicable solution through the help of mediators from the Supreme Court Legal Services Committee. Meditations in matrimonial disputes are completely averse to traditional litigation. When parties in matrimonial disputes go to Courts in traditional hearings, they develop animosity against each other which further deteriorates their relationship, and litigation keeps going on for years and years. However, in Mediation, when parties sit face to face in the presence of a mediator, with the comfort that their words cannot be used against each other in a Court of law, they open up and issues are generally resolved in 1 to 3 hearings. Which saves a lot of judicial time.
Outside of your legal practice, what personal hobbies or interests do you pursue, and how do they help you maintain a work-life balance?
Outside my legal practice, I am a pet lover and I like to travel to serene places. I am a good swimmer. In my free time, I watch a lot of documentaries based on various social and other issues around the world.
Looking ahead, what are your goals for your independent practice, and how do you plan to continue contributing to the legal field and society at large?
My goal in independent practice is to keep gradually rising and make space among already established names in the Supreme Court. For my contribution to society, I do many pro bono cases, mostly for persons in custody. All the matters that I argue in the Supreme Court are aimed towards strengthening the civil liberties and rights of common citizens. I believe that every advocate owes a duty to challenge arbitrary actions of Govts. which are aimed towards curtailing liberty in any manner.
