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.
You have a distinguished career as an Advocate-on-Record at the Supreme Court of India. Could you share with us how you began your journey in law? And your father, Late Sankar Ghose, was a Senior Advocate at the Supreme Court of India. How did his career influence your decision to enter the legal field, and what lessons did you learn from him?
I was always interested in studying law coming from a family of lawyers. I graduated in Political. Science (Hons ) from Delhi University wherein I studied the Indian Constitution, international relations and other allied subjects and in my third year I had participated in model Parliament organized by the Delhi University and all these factors reinforced my desire to pursue a 3 year LLB course from the Faculty of law, Delhi University (1988 -1991 batch). Thereafter I had wanted to pursue LLM in international law, as my first love was to pursue a career in academia and research however the same didn’t materialize and my father motivated me to join the legal profession as a practicing lawyer. He felt that I had good communication skills. He also emphasized there was ample scope for research while studying a question of law in a case, the lawyers needs to have clear understanding of law, conduct legal research to support the client’s case and stay updated with recent judgements, laws and give his client the most appropriate advice in a particular situation.
After I graduated in Law for a year I worked with M/s Khaitan & Company, Delhi appearing in their Delhi High Court matters ( mostly of Civil nature) and also also drafting related documents and also conducted a few admission/denials. My father always insisted before one finally steps into the Apex Court work one must learn the original side work and conduct trials and master the Code of Civil Procedure .
I joined the legal profession in September 1991 and I passed the Advocate on Record Examination in 1997 in the first attempt. My father was suffering from Prostate cancer from the year 1996 and I lost him in February 1998.
I had an opportunity many a times to work with my father while attending his chamber , I researched on various questions of law and I also drafted notes of Arguments and I learnt from him how to improve upon them and make them more precise. This itself was a great learning experience.
You have been on the panel of the Supreme Court Legal Services Committee, often dealing with criminal and matrimonial matters, and have served as Amicus Curiae. How do these roles contribute to the legal system, and what impact do you believe your work has on the lives of individuals seeking justice? Additionally, what drives your commitment to pro bono work, and how do you choose the cases you take on?
I being a Panel Counsel of the Supreme Court Legal Services Committee ( SCLSC) and Amicus Curiae get an opportunity to provide legal services to the less fortunate people in the society this stems from my belief nobody should be deprived to represent himself or herself through a lawyer irrespective of his or her social status and justice is accessible to all. I also feel by doing pro bono work I am able to give back to society. The legal profession is not just about earning big money but I think we lawyers have a duty to make citizens, the less fortunate ones aware of their legal rights and also protect them from being exploited .
I have dealt with many criminal matters being in the above two panels, in one of my cases the appellant had already undergone more than 21 years incarceration and I had prayed he should be released on sympathetical considerations. The Apex Court observed since the appellant has undergone such a long period in custody, he may apply for remission as per the policy of the Government in vogue and further directed that even in case, the appellant was not able to make any application for remission, the State was obliged to consider this aspect in accordance with the policy of the State. The Apex Court dismissed the Appeal with the above observations(Criminal Appeal No(s). 1681/2013 PANKA VIZ PANKU(s) VERSUS THE STATE OF CHHATTISGARH decided on 08. 05.2024). I feel the above observations would be a great help to the accused. In certain criminal matters
I also had an opportunity to work on matrimonial matters and civil matters bring on the panel of SCLSC panel ,I had an opportunity to draft many transfer petitions for wifes and got their matrimonial matters transferred from one state to another ,these days in some cases the wives are working and well paced , it was not easy to get their matter transferred but one has to convince the Court that the wife is facing genuine difficulties only then one succeeds in getting a transfer.
I have represented a few clients before the Supreme Court Mediation Cell where some cases involving matrimonial disputes, and other civil disputes were referred to Mediation Cell by the Judges of Apex Court wherein we the lawyers from both sides had an opportunity to make the parties sit under one platform under the guidance of mediators and impressed upon them that where a child was involved in the well being of their child they should live together, were we failed to convince the parties to live together, the mediator‘s impressed upon them that instead of filing contentious cases against each other they should resolves all their disputes and part amicably. In some cases the meditators was able to prevent custody battles amongst parents and worked out a shared custody of the child and sharing of expenses for the child, in some cases where the wife was not working, the meditators worked out a lump sum alimony for the wife and child and visitation rights for the father of the child. I feel we lawyers should always give the correct and appropriate advice to our clients and if there is a possibility of out of court settlement we should encourage the same as that it would be beneficial for the client, our legal system, save costs and not unnecessarily prolong litigation.
What do you consider the most important qualities and skills that a successful lawyer should possess today? What advice would you give to the new generation of lawyers to help them excel in the field of law? Are there any specific skills or strategies you believe are essential for success in today’s legal landscape?
To be a successful lawyer one must possess excellent communication skills, analytical skills, argue with persuasiveness before the Court of Law, which can be learned and developed by appearing in various cases and watching and observing seniors argue cases. A lawyer should not always take the paths of the precedents but should be creative and possess the ability to think out of the box to reach the best possible solution.
I feel a newcomer after law school if he opts for litigation, he should either join a lawyer with 10-15 years of experience who has a lot of work, or with a government lawyer, or litigation law firm. I also advice law students during their five year law course to do varied internships like work with a NGO, work with a litigation law firm or corporate law field (whichever field they wish to choose) and make informed career choices.
In today’s time Lawyers have to stay updated with all legal developments, changes in law and be techno savvy.
Given your broad experience across different legal areas, how do you incorporate interdisciplinary approaches in your cases, especially in complex matters that intersect with economics, sociology, or technology? And how do you manage to stay updated and proficient in such diverse fields of law?
My broad expertise developed through years of studying and practicing law across different domains. I was also an empanelled ‘B’ counsel of Union of India, Supreme Court from 30.9.2009 to 29.9.2014 wherein I had the opportunity to draft, appear and brief law officers and Senior Counsel in matters relating to direct and indirect taxation, Land Acquisition matters, Defence matters/ Military matters, Service matters, Matters relating to Railway, Trade Mark n Matters, Arbitration matters.
I am also in the panel of PSU’s, wherein I had an opportunity to work on cases involving disputes arising out of Construction Contracts and therein we took assistance of engineers to understand the technicalities of the Construction Contracts . These disputes were often referred to Arbitral Tribunal.The composition of an arbitral tribunal may involve each of the claimant(s) and the respondent(s) appointing one member each while the two so appointed, nominate the presiding arbitrator. In such a situation, government agencies could consider nominating a technical member on the arbitral tribunal so that the tribunal is not required to seek external expert assistance on matters of technicalities
I find the diversity of legal issues fascinating. The intersection of law with other disciplines such as economics, sociology, business, finance, technology etc., are becoming increasingly dominant. We lawyers have to possess interdisciplinary skills and must sometimes work as a team of varied professionals depending on the nature of legal work to provide the best possible solution to complex legal issues.
Balancing a demanding career and personal life can be challenging. How do you manage to maintain this balance, and what hobbies or interests do you pursue to unwind?
I think it is very important to balance professional and personal life, after becoming an advocate on Record I embarked upon my Independent Practice, it was initially very challenging to ensure inflow of regular work to my office, to continuously follow up payments and ensure all establishment costs are made.
However having a home office had its own advantages as I had a growing daughter, it was easier to manage home, work and spend quality time with her. Since the year 2019 I have a chamber in the Supreme Court, now my daughter is now a working professional, I can afford to spend more time in my Supreme Court Chambers.
I don’t get much time to pursue my hobbies but I am fond of traveling, photography, and listening to good music .
With the increasing integration of technology in the legal field, such as virtual courtrooms and AI-driven legal research, how do you see technology reshaping the practice of law?
Technology is a boon, every lawyer needs to embrace technology in today’s era and as the same helps in enhancing efficiency of lawyers. Legal Tech provides lawyers with instant access to vast databases of legal information and facilitates faster and enables lawyers to find relevant precedents, analyze legal issues, and develop stronger arguments.
When this COVID pandemic arrived, the Indian courts adopted this new system of digitalization. Virtual hearings were introduced which have multifarious advantages The above system has introduced e filing. Physical hearings continue side by side. Lawyers and parties spread across different states, and even countries, can file cases and argue their case from the comfort of their home. Many Courts in India launched a digital platform to ensure that all its orders are available online with digital signatures free of cost for the lawyers and litigants. This provides the dual benefits of cost and time saving. We hope the digitalization of Courts in India will help to clear the backlog of cases.
As someone who has worked under distinguished legal minds like Late Dipankar Gupta and in firms like Orr, Dignam and Co., how important do you think mentorship is in the legal profession? Also could you please share how these work experiences helped you in nurturing your legal knowledge and expertise?
My mentors and seniors have not merely made an impact on my approach to practicing law, they have all shaped me into the lawyer and the person I am today. My father Late Sankar Ghose Senior Advocate was my first mentor who imbibed in me the love for litigation and court craft. I worked in the office of Mr. Late Dipankar Gupta Senior Advocate when he was the Solicitor General of India for a year. I learnt to work on Government Briefs. I learnt how a person of his stature prepares for matters, deals with the pressure, the adulation and the criticism, and keeps the dignity of the Court and the need of the matter at the forefront.
I had an opportunity to work with the law firm, ”Orr Dignam & Company (Solicitors and Advocates law firm“ from the year 1995 to 1997 when Rahul Dave, Advocate on Record had taken over the Delhi office it was a growing law firm with three partners and six associates. I got better opportunities to learn and work on matters independently as it was an upcoming law firm. I was looking after their Supreme Court matters, drafting SLPs, TP.s and Writ petitions and also argued matters before the Apex Court and briefed Senior Counsels. I got an opportunity to extensively work on Civil, Taxation, indirect taxation Arbitration matters contractual and criminal matters. I also got an opportunity to appear in various other forums like Consumer courts, Company law Tribunal, Delhi High and also have drafted matters to be filed in these forums.
The partners in the firm were encouraging towards each of their associates. Since I was regularly doing their Supreme Court work involving myself in the process, right from researching to preparation to drafting to filing, listing and arguing the matter, all this severed as a ground work for preparation for my Advocate on Record exam. Thereafter, I cleared my Advocate on Record exam in the year 1997 in the first attempt and embarked upon my independent practice
You have been in the legal profession for over three decades. Can you share the ups and downs you experienced while establishing yourself, especially considering the challenges of your times? Additionally, please provide some unique insights on the learning and evolution of the legal landscape from when you started to the present day.
My initial years of practice was all about learning, seizing each and every opportunity that came my way wholeheartedly. I never said no to any case be it a corporate client or a less fortunate client (pro bono cases ) as I felt no case is big or small, as every case provided an unique learning opportunity and makes one grow immensely. Similarly I was open to learning all branches of law be it civil, contractual, taxation, arbitration, rent cases, service, criminal etc., on whatever I got an opportunity to lay my hands on and consequently I emerged a an general practitioner which greatly helped me in my practice as an Advocate on Record of the Supreme Court of India.
One of the biggest challenges was passing my Advocate on Record Examination in the first attempt in the year 1997 while I was working in a law firm and my daughter was only 3 years old. After becoming an Advocate on record I had an inflow of some basic works like Transfer Petitions, Service Matters, Land Acquisition matters, Indirect Taxation , Rent matters, Arbitration matters and Criminal matters.
I also managed to get some work from the lawyers in Calcutta High Court, even if a drafted SLP had come to my office I always went through the drafting and ensured the every matter which is filed through my office is drafted in a language appropriate with the Court norms. I have also drafted many special leave petitions, transfer petitions and writ Petitions, argued many matters independently and briefed Senior Counsels as and when required. Sometimes I appeared and argued as an AOR on cases involving a pure question of law which involved extensive research . One such case of the Apex Court being State of West Bengal vs Sarkar & Sarkar being CIVIL APPEAL NO.5939 OF 2007 decided on 19th April 2017 where I argued and got a verdict in favor of my client.
In another public interest litigation which I filed ‘SAYAN MUKHERJEE vs. THE PRINCIPAL SECRETARY TO HIS EXCELLENCY THE GOVERNOR OF WEST BENGAL Diary No.- 12854 – 2024‘ challenging the inaction on the part of the West Bengal Governor Dr C.V. Ananda Bose in giving assent to the West Bengal Universities (Amendment) Bill 2022, which was passed by the State legislature in June 2022, the Apex Court on 22nd April 2024 issued notice and has sought a response from the Principal Secretary to the Governor of West Bengal, the Union as well as the Principal Secretary of the Department of Higher Education in this regard.
Along with my AOR practice in the Apex Court I continued my practice in other forums like Delhi High Court, consumer courts, district Courts, Debt recovery Tribunal etc. I never got any clients from my father as he being Senior Advocate, never entertained litigants directly. I also had to build my law practice from scratch and my journey is full of high and lows and when I was able to get justice for my client, I was happy but at the same time I learnt from every mistake I made.
Hello everyone. We are here today again with Dr. Swati Garg. We want to introduce her as the best female lawyer, I would say, who has opened her office doors for every student or learner. Because she is that humble that she can accept the realities of life and she can guide you through the whole process with a smile on her face. Welcome, Ma’am. And thank you for accepting our invitation to SuperLawyer.
Absolutely. See, I have a background of more than 15 years of teaching experience. And I tell all my students that look, guys, you’re most, most welcome to my office.
Anytime that you need any support in understanding a matter, filing a matter, or taking it ahead in arguing, feel free, don’t ever think that because you’re a first-generation lawyer, you don’t have an office or staff. I tell them that you have me and you will not believe that my office is the DU adda of the place.
At any point in time, all my students are here. They just drop in and ask for suggestions and request me to review their work and I love it. I mean, I feel that as a senior this is the best you can do for your juniors, right?
I have been extremely lucky, people were very kind to me and I just feel what comes around goes around and I can’t even think of any reason to not help your colleague or your junior because you’ve also reached where you are with someone’s help. You did not just parachute land on whatever position that you hold right now.
And, it is very nice, you know, when you go to the courts and people come and touch your feet and they’re like Guruji and you know, that kind of respect. Once a teacher, always a teacher. That’s why I love so many aspects of this profession. I can’t even imagine doing something else.
I love the fact that there is no retirement age in law because I feel you’re growing every day. And, you know, you’re growing on a day-to-day basis. You’re more aware, and more confident today than you were an hour back. So that is the level of learning that you get in this profession.
When did you decide to become a lawyer? What motivated you? And also through your practice years, when did you decide to become an AOR and how has it helped you become the personality that you are?
As for the question of when I decided to become a lawyer, I didn’t really make the decision myself. Others made it for me. Even back in school, for as long as I can recall, I enjoyed arguing and often took the weaker side. It wasn’t about my personal opinion; rather, it was about embracing the challenge. My teachers would often question why I involved myself in certain debates, but I believed every issue deserved a voice, including mine. As I grew older, my teachers encouraged me, saying, “Swati, you’re destined to be a lawyer with your passion for arguing. Why not turn it into a profession?” So, the path was somewhat predetermined, and I didn’t have to ponder much about it.
I’ve always been intrigued by people’s problems and genuinely enjoy listening to them. Often, just lending an ear can alleviate half their troubles. I consider it one of the most fulfilling aspects of my profession. If not a lawyer, I could have pursued a career in psychology, as I believe a lawyer often serves as a counsellor to their clients.
Regarding the AOR designation, I’ve always been drawn to pro bono work, especially in the Supreme Court. However, I realized that financial constraints could hinder access to justice. Without an in-house AOR or someone willing to take on the case pro bono, filing in the Supreme Court becomes challenging. So, I decided to pursue the AOR exam. Although I didn’t achieve top rankings, I approached it with humility and a desire to contribute.
Certain matters may not be universally appealing, and convincing others to take them on can be necessary. However, I decided to take it upon myself, realizing that instead of wasting time persuading others, it would be more efficient to become an AOR myself. This decision was not driven by compulsion but rather by the realization that it would streamline my work. I am generally adaptable, as long as the work is accomplished.
When such tasks begin to impact your efficiency, taking matters into your own hands becomes a logical step. Becoming an AOR is feasible; many have done it successfully. I believe the only barrier to achieving something is the extent of your desire for it. If you truly desire something, you can attain it. Look at Vicky Kaushal, who married Katrina Kaif—his determination is a testament to this. Ultimately, it all comes down to how much you truly desire something. Desperation often leads to success.
How did you manage to pursue a PhD alongside your busy professional life? How has this academic pursuit contributed to your professional and personal growth? Furthermore, what motivates you to advocate for causes like POSH and combat sexual harassment? How do you sustain this motivation and continue your efforts?
I really don’t know myself. It’s as if the path has been decided already. And I just keep walking. As far as the POSH thing is concerned, this was very close to my heart for a long time. I remember I used to work in the area of domestic violence.
Then it was one of my mentors who suggested that look Swati, you are doing wonderful work in the field of domestic violence. Why don’t you look into this field also? It’s an upcoming field. And at that point, I realized that yes, it is indeed a very important field because the percentage of women in the working sector is increasing by the day.
So definitely this is going to cause problems in the future. It is sheer chance that it did turn out to be a hot topic for debate today. And, because I feel strongly passionate about it, it kind of comes through. As far as teaching is concerned, it is definitely becoming more and more difficult with my schedule, but I tell myself that, look, people are doing it right. And, teaching I feel has aided a lot because it gives you that finesse, you know, you are confronting a class of what 80 to 100 students. And all of them are in Delhi University. They have succeeded in reaching that place.
They have eliminated the competition. So they are difficult minds, to say the least. And you are confronting 80 to 100 brains. You’re trying to teach something to them, which makes sense to them. They are going to be coming up with their own questions. So you’re practically training yourself as to how you need to convince a person, how you need to deal with their questions, and how do you continuously speak for two to three hours without getting tired?
Because see the throw of the voice, the projection of the voice, your body language, whether you feel comfortable speaking to a group, whether you feel comfortable addressing a crowd, all these things cannot be learned overnight. Now I have quite a few TV appearances regularly.
I would say two to three TV appearances a month, sometimes more. There was a time when I used to palpitate, thinking, “Oh my God, this is live TV. What if I end up making mistakes?” Like I said, it’s there for perpetuity; you cannot erase it. If it’s a live program, it will be there forever. And you lay yourself open to so much ridicule, and people can kind of show it to you, saying, “Look, this is what you did. This is what you said.” I used to palpitate before every appearance. And now I’m like, “See, it is what it is. We are humans, prone to making mistakes. How does it matter? I mean, if you’ve given an honest effort and ended up saying something incorrect factually, you can always go back and correct it or apologize. As long as you do not do it deliberately or negligently, I’m sure it can be forgivable because you cannot just stop doing things, fearing that you might do them incorrectly.
You have to start somewhere.” So I think academics have helped me a lot. And as far as I think one of your questions was, how has a PhD helped me? Well, it has. At the point in time when I was doing it, I told myself, “Why am I even doing this unnecessarily?” And then people would come to me and say, “Isn’t your practice going well that now you are studying again and teaching?” You know, that used to be very demoralizing at that time. But then I would say, “Well, maybe they haven’t been fortunate enough to get such opportunities, and that’s why they talk like this, right?” And now when the judges address me as Dr. Jindal, I feel so proud of myself. You know, somehow at some level, you have brought yourself out of a regular crowd. I remember once one of my colleagues pointed out to a person of very humble means who happened to be an advocate. I mean, you could make out. He was somehow just loitering around the court complex.
That person was an AOR who pointed it out to me. He said, “Look, what is the difference between him and you? There is no difference. He’s also an advocate and you are also an advocate. So how is it that you two are different?” I said, “Well, I’m a doctor who is an advocate and he’s probably only an advocate. That is the difference.” So any kind of value addition that you do to yourself. I’m not humbling all the advocates out there. So you have to realize that they’re all LLBs and it is very difficult. It’s a five-year course or a three-year postgraduate course. It’s not an easy task. You have to clear around 30 papers if you’re doing a three-year postgraduate course to become a lawyer. Even if you clear 29 out of 30, you’re still not an advocate. It’s as simple as that.
So any kind of value addition that you do to yourself, whether it is as a doctorate or it is as an AOR, anything that you do, will set you apart from that core group of advocates. And I would say that learning is a permanent procedure, that is why you call a lawyer’s practice, you know. It is not like I am a lawyer. People always say that I’m practicing as a lawyer. I’m practising as an advocate, which shows that you can never really be perfect, even if you die around Jethmalani, you will still be practicing. Nobody’s perfect. And they all say that practice till you are perfect. And in this profession, you can never be perfect. So it is sort of a moment for you to sit and self-reflect and tell yourself today.
I had a meeting in the ministry and, the joint secretary told me, “Well, you know, this is a very complicated matter, madam.” And, it was connected to some environmental matters and how the islands need to be protected from sinking and all that. So he was throwing some technical terms and he said, “Look, this is a very complicated matter and somebody would need to convince the judges.” And I was like, “Okay, we’ll try our level best to convince the judges because we would convince ourselves first.” So he said, “This is what I love about lawyers that they are willing to learn new things every day.” I said, “We just take it like somebody has thrown us in the water and it’s either drowned or you learn how to swim.” So only a lawyer would know the nitty-gritty of, for example, construction or in a medical-legal case, they would know about medical negligence. So they know what can go wrong in a human body. They would also know as to why a wife was tortured in the house. The nitty-gritty of who gets to cook in the morning, who’s cooking in the evening. They would also know some sort of injury that happened to a person during playing, or participating in a sport. So this is one field where, practically everything, you know, as many cases as you have handled, you would know as many issues.
What inspired you to write your books, particularly concerning women’s issues? Could you share the motivation behind addressing these topics and discuss your books?
You’ll find it quite unbelievable. Even I do, for that matter. It’s not like I had a plan that I will write a book someday. Things sort of keep happening to me by chance.
The only good thing I can say about myself is I don’t give up the chances I get. So I’ve been writing for a long time, even way back in school. I used to write a lot, even if only for the school magazines. I used to participate in a lot of debates. So writing was a habit.
I used to love reading and writing. It was never forced. I mean, it was never a chore for me to read and be like, “Oh, now I’ll have to read even this.” Never like that. I’m the sort of person who would also read the labels on a shampoo bottle. You know, if I’m just sitting there with conditioner in my hair, I would be like, “Let me just read the label on this bottle while I’m waiting.” That’s sort of an attitude I have.
So it’ll be difficult for me to pass those two minutes. So I would randomly read available things. So, as I was doing my PhD, I remember one of the publishing houses approached me, asking, “Would you like to write a book on this topic?” And I said, “But I have never written a book before,” you know, that was the level of naivety I had at that time.
He said, “Madam, you’ve been writing so much anyway. You’ll just have to write this book in such a way that whoever reads it can understand this topic better.”
And I told myself, “Well, why not? If they’re ready to print, then how does it matter to me?” I mean, I was amazed that you know, if there are takers for this sort of thing, then why not? So, I sort of went ahead and wrote a book on my PhD thesis at that time. At that moment, because somebody approached me, one of the publishing houses approached me. And, you know, I remember at that time I told myself, “Well, if they don’t have a problem printing it, then why should I have a problem writing it?”
That is the kind of attitude I have. And that is how it all started. That was one book I wrote in totality. And there were a couple of other books that I wrote as co-authors. And then thereafter, I’ve been writing regularly in a lot of legal magazines.
Till last year, I was writing one whole page in a national daily, a daily newspaper. So I had one page that used to come out every Wednesday, which was on law and justice. And now also I write in magazines that are weekly magazines. Then there are fortnightly magazines on social issues, primarily related to law, but once in a blue moon, I would also like to write something on a spiritual footing because I like to believe that I’m a spiritual person.
I mean, some of my friends are going to be laughing their asses off hearing the statement, but very, very deep down inside, I do believe that yes, I am. I like to think that I’m a spiritual person. I’m a very God-fearing person. I believe you will get only what you deserve and nothing less and nothing more.
Could you please share how writing has impacted your career and personal growth? Specifically, we’re interested in learning about any increases in reach, career refinement, and personal development you’ve experienced through writing. Your insights on the importance of writing, whether it’s articles, journals, or books, would be invaluable for our learners.
Let me provide another example. If you have two baskets, and in one basket, there are myriad colors – different colored balls – and you have to sort those balls, pick up some of them, and put them in another basket. How many choices are you making? The first choice is whether you want to do it or not. The second choice is which color you should select first. The third choice is looking for that colored ball, picking it up, and putting it in the other basket. Now, the next choice that confronts you is whether you want to continue this task, having finished one color, or do you want to end it there? You know what I mean? What I’m trying to tell you is that when you take that active conscious decision to separate the balls of different colors, you have to make a conscious effort to select some of them and put them together in such a way that it solves your purpose.
So in your mind, you have millions and millions of words. When you make that active conscious decision to put those words to paper, the first thing you need to decide is what you want to write on. If, let’s say, you want to write on women-related issues, for example, how working women today are being sexually harassed at their workplace and what laws are in their favor? What is it that they can do? If you decide to write on it today, let’s say that you want to write a 1500-word article. To write a 1500-word article, you would need to read thousands and thousands of words. Only then will you be able to select some of those words, and put them down on paper, in such a way that they make sense to the readers.
So when you decide to write, you unconsciously, invariably also end up reading, which is imperative for anybody in this field. For any one article that you write, you probably have to read for a week. And then there will be a time when you decide that all the reading you’ve done over the years will somehow be there in your mind subconsciously. And there will be enough words inside of you that you can take them out and put them on paper whenever you want. This is the importance of writing. I don’t know if I could have put it in a better way.
Do you apply similar planning methods to your POSH trainings? How do you structure and conduct these sessions, and what impact have they had on your practice? Additionally, how can individuals, especially lawyers, become involved in such initiatives?
I’ve encountered various trainings, and I’m always intrigued by different approaches to conducting POSH trainings. I’ve noticed that some can be overly academic, simply relaying the law without adding much value. I believe that for any training session, there should be a meaningful takeaway for both the participants and myself. It’s not just about repeating what the law already states.
Often, I conduct sessions for trainers, such as IC members or officers. Tomorrow, for instance, I’ll be training members of the Airport Authority of India. These individuals are well-versed in the law, so my aim isn’t to reiterate basic legal principles. Instead, I focus on real-life cases and practical scenarios to illustrate how to avoid similar issues in their workplaces.
I emphasize the importance of integrating legal knowledge with practical insights to make the training relevant and engaging. It’s like cooking with spices and vegetables – everyone has the ingredients, but it’s how you combine them that makes the dish enjoyable. Similarly, I aim to blend legal concepts with practical applications to provide meaningful guidance.
Rather than dictating what should be done, I prefer to present options and their potential outcomes. It’s about empowering individuals to make informed decisions and be accountable for their actions. This level of accountability is essential in creating a culture of responsibility.
How do you approach complex legal challenges like those involving the Ministry of Environment, Forest, and Climate Change, which have far-reaching impacts on both the environment and human lives?
The only answer you have is knowledge. So if you’re faced with any challenge, the only aspect of the challenge that scares you is not knowing. If you’re in a dark room at night and the light goes out, you’ll only be scared to go out if you don’t know what lies outside.
Once you have an idea, why do people feel so brave when they have a torch in their hand? Because that torch guides them. It tells them that there’s nothing outside, just the plant that was shaking. So the only thing that gives you power is knowledge. Once you are prepared with the problem, once you know the solution, once you know the way ahead, you can tread ahead with full confidence and that confidence will shine through.
The general perception is that the government is not doing anything, and the judiciary is not doing anything. It’s easy to sit in one place and say that they’re not doing anything. When you go and see the efforts the government is making, there’s no one person called the government. If we litter on the roads, is there a government guy roaming around to pick up the trash and put it back in your car from where you threw it? It has to be a social responsibility which lies on everyone’s shoulders. As far as ministry cases about the environment are concerned, getting panelled in this field opened my eyes and I realized that many steps are being taken by the government, and they’re working day and night. Whatever can be done is being done in this area to make the country more habitable, and more compliant. The only thing that remains is for the public to take their way forward in the same direction and be compliant themselves because ultimately the laws can be made, but compliance has to come from the ground level. So I think the best method to prepare for a case is to read as much as you can. Once you’re aware of the idea, what it is that you have to find out, and what are the laws about that particular matter, you will feel better about it. And you will be in a position to give your own opinion. And from there on, the sky’s the limit.
You are in a profession that demands too much seriousness and how do you relax yourself? How do you find time for your family? How do you unwind yourself?
See, I’ll tell you what, I just like to find little amounts of, I call them my stolen moments. So when you go to the court and you realize that, okay, there is a gap between two matters. I would say a chai samosa is my stolen moment.
I would chat around with my friends and just do small things. It doesn’t matter. I tell you, I would call myself a very cheap date. It’s very easy to please me. I mean, you wouldn’t have to take me to ITC or the Taj. I’m quite happy. It depends on the moment.
I think we all need to kind of appreciate the small pleasures of life and not wait for that big moment to come, and that is when we will be happy. So that is imperative, I would say.
What recommendations would you offer for individuals just starting out in their career journey? Considering your earlier advice on the importance of reading, writing, and academic pursuits, how would you advise them to plan their career trajectory?
See, there is only one thing that I would like to say to all the people who are planning to join this profession. I would just say keep going. That is the only thing that never consider a work or any kind of case to be too small or too petty for you to take up. It’s better than sitting idle, right? So don’t wait for that big case to come to you, which will enable you to create a name for yourself. And you will take only a big case because no case is small, the smallest of cases would teach you something. If nothing else then commitment. At least you will end up going to the court. So your visibility in the court matters and visibility does not mean chai samosa. Okay. You’re not just going there to have tea and eat samosa. You’re going there to appear before the court. So any kind of work that you get initially, basically, I would say beggars are not choosers.
When you start in the profession, you are a person who’s begging for work and how does it matter? Go ahead and beg. We are not supposed to solicit work, but if any work comes our way, as long as your expenses are taken care of, forget about your professional fee, because at the end of the day, are you actually contributing professionally to that matter? It’ll be years before, you know, you deserve the consultation fee that you get.
Are you even making sense suggesting people pay for it? To become the person others would pay for wisdom, you must have enough words at your disposal. Until then, doing matters for free hardly matters. I recall times when I spent from my own pocket, a practice I still maintain for matters I deem worthy of legal attention. This is why it’s called a noble profession — only nobility can afford to work without pay. Monetary rewards often come late, leaving little time to enjoy them personally; they become the legacy enjoyed by family, children, or the office. When money does arrive, there’s scarcely time to appreciate it. Needs are minimal for a lawyer: books, a Wi-Fi connection, good shoes, and clean clothes suffice. Peace and quiet become prized commodities for focused work. By then, the enjoyment of work surpasses the desire for money; holidays become a puzzle of what to do with free time. Workaholism becomes a natural byproduct of being a lawyer; creating work is instinctual when idle.
Can you share with us the story of what initially drew you to pursue a career in law, and what motivated you to specialize in criminal, civil, and arbitration disputes?
I did my graduation in English (H) and then wanted to pursue either CA or Law. Ultimately, I was more inclined towards law as the pursuit for justice and a desire to make a positive impact on society is something which can only be achieved in this profession. During the 2nd year of my LLB, I realised that litigation is my calling as I was fascinated with the dynamics of the criminal justice system. Later, during my initial training period, I was fortunate enough to have worked under the guidance of Mr. Ramesh Gupta (Senior Advocate) and those initial years of running around in the corridors of Patiala House Court is what further motivated me to pursue litigation as I was a witness to the countless lives which were touched by my senior daily. The relief on the faces of the clients and their gratitude towards the assistance provided to them by their counsel is what makes it all worthwhile at the end of the day. With passage of time, I ventured into civil and matrimonial matters and then from 2015 onwards Arbitrations as a field started gaining pace in India and a natural progression for me was to start delving into this new field.
As you are aware litigation (specifically criminal and civil litigation) is tough and the initial gestation period is around 5-6 years for any lawyer to start earning a respectable fee. However, if you have the grit and determination to sustain these initial years, then this profession gives you the maximum satisfaction of being a beacon of hope for so many individuals. Additionally, you are constantly learning something new every single day and the learning experience itself keeps you invigorated and makes you a better person and a better professional. This satisfaction of making a difference in someone else’s life by performing my professional duties to the best of my abilities is what motivated me to pursue litigation, and this is my guiding light even today after almost 16 years of being in the profession.
Reflecting on your extensive experience, can you tell us about a particularly challenging case you handled, and what you learned from it?
Well, there have been many memorable and challenging cases which I have dealt with but the one which stands out as being the most challenging of them all would be a CBI case in which allegations of forgery and bribery were levelled against the clients who were builders. The basic allegation was that land acquisition was done based on forged and fabricated sale deeds with the help of officials from tehsildar office. After going through the entire documentary evidence and the purported forged and fabricated sale deeds I managed to identify that the allegation of forgery was prior in time to when my clients had entered into the picture and their sale deeds were based on the previous chain by another person who was not even made an accused in the case whereas the allegations of forgery were of that period. Based on this glaring discrepancy which was highlighted before the Ld. Judge, ultimately my clients were acquitted because of this major flaw in the case put forth by the prosecution. The matter involved meticulous investigation into a lot of documents filed along with the chargesheet and it was all worthwhile in the end. This case taught me to be absolutely thorough with the reading of case documents since a simple date on a document could be the difference between a win or a loss for the client.
You’ve represented clients before some of the highest courts in India, including the Supreme Court and the Delhi High Court. How do you prepare for such high-stakes cases, and what does a typical day look like when you’re gearing up for a major court appearance?
Well, for any litigation lawyer a typical day starts at around 7.30-8am in the morning when you start preparing for your court hearing and post court timings it is usually conferences and meetings till later in the evening. Then by the end of the day you are preparing for the cases which are listed on the next day so to sum it up you are working round the clock as a litigation lawyer and that’s what a typical day looks like for me as well. This pressure has only increased since my foray into a firm as now I am also responsible for the work which my entire team is doing, and I must keep them motivated as well to put in their best efforts in all the tasks which are assigned to them.
There are a few days of temporary respite when there is a long weekend coming up but then that also must be utilised for the purpose of business development meetings. When a high stakes matter is involved then obviously your focus shifts completely for the preparation of that case and rest of the things take a backseat. The team working under me also prioritises on preparation of important matters whenever the need arises, and rest of the work is reallocated accordingly.
Your profile mentions your involvement in both substantive and procedural law. Can you explain how you balance these two aspects in your practice and why both are crucial for successful legal representation?
From my experience I can confidently state that procedural law should be the focus for any fresh graduate who wants to pursue litigation. The learnings from your formative years into the professional when you are either interning or working under a senior, are what will decide on how professionally sound you will be in the future. Substantive law can only provide you with broad guidelines in which you have to move but procedural law is what will determine how you will be able to succeed in a particular case.
I was fortunate enough to have worked under seniors who were doing extremely good trial court work and training under their guidance helped me in honing my procedural law skills. For any litigation aspirant practical knowledge of court craft including the art of cross examination of witnesses is the most important aspect of his learning and growth. Once you are confident in the procedural aspects, you automatically gain a better understanding of the substantive aspect of law as then reading through the relevant provisions of any act or rules becomes easier for you. Based on the knowledge and advice imparted to me by my seniors, I had also focused on the procedural and practical aspects of court craft during the formative years of my practice and that is what has helped in becoming a better professional. I keep myself abreast with any new developments in law by reading recent judgments of higher courts, books and commentaries of different fields of law and online articles on topics relating to my field of work. Reading is something which is imperative for any legal professional and that helps you in maintaining the balance between substantive law and procedural law.
Public speaking and interaction management with strategic clients and senior counsels are highlighted as your skills. How have these skills contributed to your success in the legal field?
From my law college days, I used to participate in moot court competitions which helped me in getting over stage fright since I had always been an introvert during my school days. I think doing my graduation in English language also helped me in becoming more confident while interacting in public. Client interaction is something which you get better at with experience and the same holds true for me as well. With time I got better at understanding the needs and requirements of clients since no two clients are the same and you must deal with each client accordingly. Being a good listener is an important skill in any lawyer’s repertoire as clients want a personalised experience where they feel comfortable discussing all their doubts and apprehensions with their lawyer. Ethics and integrity are two other aspects which are non-negotiable in my practice, and I believe that has helped me in retaining many of my clients as clients also appreciate honesty and sound advice from their lawyer.
I have briefed many seniors during my career and share an extremely cordial and respectful relationship with them. Briefing seniors is an important learning experience as watching them deal with a matter through their own vast experience gives you fresh insight and perspective on how to deal with a particular issue or case.
You’ve worked on cases involving the Indian Penal Code, Civil Procedure Code, and numerous other acts. Which legal area do you find the most complex and why?
All cases are challenging but for me particularly civil matters are more technical in nature and require thorough understanding of the Code and mere procedural defects can lead to unwarranted outcomes. Other than civil matters, cases involving IBC and SFIO are also technical in nature, and these are evolving fields, so they also offer some challenge and excitement due to complexities involved in interpretation of the statute and relevant rules. But to be honest, complexity is what keeps you on your toes and makes you a better professional as the need to learn and evolve constantly is permanent in this profession.
In your current role as Partner (Litigation) at AKS Partners, what are some of the significant trends or changes in arbitration and litigation that you’ve observed, and how do you see the field evolving in the next few years?
This is my first stint in a law firm so transitioning from an independent practitioner to a partner has been an interesting experience. I am thankful to my Managing Partner Mr. Sonal Kumar Singh for reposing his faith in me and for his constant help and guidance. This has been an extremely important learning curve in my professional journey.
Now to answer your specific question, commercial suits and arbitration have taken precedence over traditional civil litigation since they offer quicker resolution for commercial clients. With the recent amendments in both Commercial Courts Act and Arbitration & Conciliation Act, the lawmakers of the Country have tried to resolve some of the procedural aspects which were causing delays in the trial thereby making the process faster and more efficient.
One of the main reasons for me to join the firm was to gain more relevant experience in International Commercial Arbitration for myself and to enhance the ‘white collar crime’ practice of the firm. AKS Partners is renowned for its expansive arbitration practice and in recent years Government is also focusing on making India a major hub for conducting International Arbitrations. I see a tectonic shift in the Arbitration landscape of the Country in the near future with establishment of major Arbitration Centres like Delhi International Arbitration Centre as well as establishment of Arbitration Bar of India.
Finally, what advice would you give to fresh law graduates who are just starting their careers and aspiring to achieve success in the diverse areas of law that you have mastered?
Try to do as many internships as possible in order to gain experience in all fields of law whether it is corporate or litigation as that will help you in deciding which field attracts you the most. Clarity on this aspect is crucial for your growth as your initial years of training will determine your future in your chosen field of law.
If litigation is your chosen path, then be patient during the initial years. Don’t chase money but try to gain as much experience as you can during your initial years into the profession. Try gaining maximum exposure in trial courts for at least 3-4 years as that is where you will learn the procedural aspects of litigation including the art of cross examination of witnesses which I believe is imperative for any litigation lawyer. To all young professionals my most important advice will be to be thorough with the Evidence Act as that is the bread and butter for any litigation lawyer.
Finally, don’t be afraid of making mistakes as they will be your greatest teachers in your professional journey. Be faithful to your craft and never compromise on your ethics and professionalism.
As a first-generation lawyer, could you walk us through your journey? What was your motivation or inspiration for pursuing a career in law? Additionally, can you share some insights about your childhood and any experiences that shaped your path? What is something unique about you that our readers should know?
I think not only for a first-generation lawyer but for every lawyer the journey is very unique in itself. Every lawyer has their own trajectory, there is no competition. The only difference for a first-generation lawyer is the initial years where you build your reputation, where you make a conscious choice regarding your future. The profession no doubt demands a lot of sacrifice especially if you are practising independently. For me personally, discipline and hard work are the most important things. Lot of people advice me that I should build my contacts, my only answer to them is, my only contact is God, rest everyone I meet in the journey is a blessing.
My father in fact wanted me to become a lawyer, it was he who always encouraged me to start an independent practise. He always taught me that honesty and hard work never go in vain.
My childhood has played the most important role in shaping my path. I belong to a family of Army and Air Force Officers. The discipline that has been imbibed in me because of my background has stayed with me and discipline in any field takes you a long way. My mother who has been a homemaker has always stressed on the importance of being financially independent.
Unique I’m not sure but I have come to experience, if I take up a task I do not leave it mid way, I take it to it’s logical conclusion.
You have acquired your LL.M. in International Business and Commercial Law from the University of Manchester, but as we know, dispute resolution has always been your first love. How has this international LL.M. helped shape your legal perspective and approach to dispute resolution?
LL.M. from Manchester has given me immense exposure and on a lighter note, I can proudly say I have friends (who are lawyers) all around the world. That apart, the understanding of different cultures, the idea of seeing things through a wider lens definitely helps in litigation. Litigation is not just about the one case that you are doing, there can be various perspectives, you just have to see which one is best suited for your client.
Having studied and worked in the UK, what international legal trends do you think could be beneficially adopted in the Indian legal system and What changes or improvements would you like to see in legal education to better prepare future lawyers for the challenges of the profession?
Legal education should be more practical, industry oriented and should be focussed more on creating independent thinking.
How do you balance the varied demands of independent practice, being a founder of Curare Legal, and your past role as a Government Counsel? Please share some insights on challenges you faced since you started your firm.
Well I was a Govt. Counsel for about 4 years, I used to be quite overburdened with Govt. work, not leaving me with much time for private matters. Having said that, I thoroughly enjoyed my work as a Govt. counsel also, I got an opportunity to work with some of the brightest officers. It gave me an opportunity to look at things from a very different perspective. I think every independent practitioner at some point should work on some Government panel. Not to mention I was amazed to see the knowledge that the Section officers or dealing hand had about the matter. It was an amazing experience.
Independent practise only demands one thing, that is consistency. Consistency is key, be it hard work, be it not giving up after you have had a rough day in Court. The right balance between being open to ideas from your clients and filter when you present your case in Courts.
The biggest challenge of course was to break even when I started the firm, and then increase revenue enough to expand the infrastructure and to be able to pay a respectable amount to Associates, paralegals, etc. Even now in fact every month is not the same, so revenue can be a struggle in some months.
You were the counsel in a landmark case under the new Land Acquisition Act decided by the Delhi High Court. Can you discuss the significance of this case and its impact on land acquisition laws?
Yes, that was a case under Section 24(2) of the New Land Act, 2013. Much water has flown since then and the recent Constitution Bench Judgment in Indore Development Authority vs. Manohar Lal & Ors. has brought about some changes in so far as the interpretation of Section 24(2) is concerned. But yes, the impact is that the acquisition under the current regime is much more difficult as it requires social impact assessment etc and even the compensation is much higher that what was provided under the 1894 Act, which was more exploitative in nature.
What were some of the most challenging and rewarding aspects of your tenure as Additional Standing Counsel for the Government of Delhi?
Challenging of course the entire work of a Govt. counsel is very challenging. I was handling quite a few matters every day, so waking up at 4 AM in the morning every day, going through the brief thoroughly because as Govt. counsel we mostly defend the interest of the public at large, secondly there’s always a sense of urgency in private clients regarding hearing of their matters, so it’s difficult to get an adjournment as a Govt. counsel.
Rewarding aspect, of course the grind that I went through has sharpened me to prepare more than 2 briefs for lengthy arguments in about an hour or so. Also I always measure success by the people that we win and my reward is the number of officers and various staff of Departments who are still in touch with me.
After serving as government counsel, what motivated you to return to private practice in 2021, and how has the transition been for you?
So honestly, as a Govt. counsel I was doing only one kind of matters. Since time was still on my side, I wanted to explore a little more and do more variety. As fate had it, I was also blessed with a daughter after I left the panel and I could effectively manage both sides i.e., taking care of my daughter and the independent matters.
Your first independent matter was a PIL for increasing compensation for rail accident victims. What challenges did you face, and what did you learn from this experience? Being your first case, what was your overall experience, and how did it shape your approach to future cases?
I have done two PILs, one for increasing compensation for rail accident victims and one for free sanitary pads and education on menstrual hygiene to Govt. School girls, both are very close to my heart. There were no challenges as such but PIL requires a lot of research, so doing all of it at a time when we did not have associates or interns to help with, one of the initial cases being a PIL would mean that we were paying even our office rent from our pocket but as it is said do good and good will come to you, I guess that is what happened with us. The 1996 Rules were amended, the compensation amount payable to rail accident victims was doubled.
So far as the overall experience is concerned, I think Delhi High Court has this very unique feature of being extremely welcoming towards younger counsels. The warmth, the seriousness with which the Judges take your arguments if you are well prepared, this really helps in boosting your morale. I remember once on the Original Side, we were young, the brief had just come a day before and we were not prepared, in fact we had just gone to seek an adjournment since certain documents were yet to come. So the Judge started recording whatever we would say in the Order sheet including that we are not prepared to argue and all I said was we are very young in the profession, Lordship may kindly remove the observations, just saying that was enough and the observations were removed. So we have the most compassionate and wonderful Judges here, it’s just about having the tact and being honest to yourself and to the Court.
Given your demanding career, how do you manage work-life balance, and what tips would you offer to other legal professionals?
Ok I get asked this question a lot and I will not lie here, I have the most wonderful husband who is also a lawyer. He encouraged me to give the Advocate on record exam after we were blessed with a daughter and I qualified it in the first attempt. I think if you are married, having a supportive life partner is a real plus.
Secondly, online hearing which is constantly being encouraged by the current CJI, is of great help to women mostly.
Tip: I can only say keep the mental state right, as long as you are mentally fine you will sail through one additional hobby, it can be sports, photography, music, movies anything at least once a week, because the profession is very demanding, you cannot limit it to 9-5. It affects you mentally even before you know, so maintain your sanity.
For young lawyers contemplating a specialization in their legal careers, what factors should they consider, and how did you decide on your focus areas? Please share some tips for them to excel in their field.
For younger lawyers, I think firstly please do not focus only on money. You have to know your work first, money will not be a problem thereafter.
Secondly, one should not just stick to one kind of practise initially, i.e., just criminal or only civil laws. There is a lot of scope and opportunities, give yourself some time. Try different areas before you finally know what you like.
My focus areas actually just happened to me by the kind of matters that came to me and I am still open to trying different areas. A lawyer never stops learning.
Lastly for the younger lawyers, just have faith in the process, go through the grind, you will get there gradually.
Can you please share your childhood memories, what were some key experiences or influences that led you to choose a career in law? Was there anyone who particularly inspired or motivated you to pursue this path?
I was raised in a middle-class household in Bulandshahr, Uttar Pradesh, where I was born in 1991. My family moved to Delhi in 1995, and I have lived there ever since. My education consisted of eight classes at Sant Vivekanand Public School, followed by classes nine and ten at Hindon Public School, and classes eleven and 12 at Mukherjee Memorial School. I then completed my B.Sc. (Physics) at the University of Delhi’s Ramjas College. I have no legal family background as such I had no interest in law until my first year of graduation, and I never thought to become a lawyer in the Future. However, as I started my second year of graduating, I learned about the numerous well-known characteristics of the Campus Law Center and its graduates.
Can you share some of the challenges you faced during the initial days of your legal career, and what motivated you to take the Advocate on Record (AOR) exam?
During my time in law school, I decided to pursue a career as an Advocate-on-Record (AOR) in the future. To qualify for the AOR examination, I needed four years of practice as an advocate and one year of training with an existing AOR. Therefore, I decided to start from scratch and join the chamber of Sh. Rajesh Mahindra, a well-known civil advocate at Tis Hazari Court. Under his mentorship, I learned the fundamentals of civil law, drafting, arguments, and procedural aspects.
In 2017, I took a significant step in my career by joining Intelia Law Offices as a Senior Associate, where I worked until 2018. Following this, I embarked on my independent practice at Tis Hazari Court. My dedication and hard work led to my appointment as a panel counsel for the Delhi Legal Services Authority (DLSA). Since then, I have been serving as a panel counsel on the civil panel in the North East and West districts of DLSA, continuing to hone my skills and contribute to the legal community.
How do you manage your multiple roles, including being a legal aid counsel, a media panelist, and an advocate, without compromising on any of them? How do you balance your legal practice with media engagements, and what value do you see in this role?
Balancing multiple roles is challenging but achievable with disciplined time, management, and effective delegation. Media engagements complement my legal practice by enhancing public awareness and professional visibility, ultimately contributing to my growth as an advocate and public servant.
As an Advocate on Record, what are some of the most challenging cases you’ve handled at the Supreme Court, and how did you approach them? Please share your first experience appearing in court? What were the emotions and challenges you faced, and how did that experience shape your perspective on advocacy?
I became an Advocate-On-Record last December only as such I do not have too much experience as an Advocate-On-Record but I have been practicing in the Supreme Court for four years and appeared in hundreds of matters and gained a lot of experience. You can approach the client by your hard work which must be reflected in your case.
How does your work with the Delhi State Legal Services Authority impact the community, and what motivates you to continue providing legal aid?
I have been working with the Delhi State Legal Service Authority since 2017 appeared in more than hundreds of cases and finally left after becoming Advocate-On-Record. Working with DLSA is a different type of experience where you are blessed to help needy people who do not have money to fight for their legal rights. Being a Legal Aid Counsel, you have an opportunity to meet the persons who are needy and don’t have any knowledge, source of income to get justice.
You’ve published many articles and received recognition in various media outlets. How important is it for legal professionals to engage in public discourse and share their knowledge?
Engaging in public discourse and sharing knowledge is increasingly important for legal professionals for several reasons: 1. Public Education and Awareness 2. Professional Credibility and Influence 3. Shaping Legal and Policy Debates 4. Legal professionals can use their platform to advocate for social justice and reforms. 5. Professional Development and Building Public Trust in the Legal System
Overall, legal professionals who engage in public discourse not only benefit their careers but also contribute significantly to society by promoting legal literacy, influencing policy, and advocating for justice.
You attended an advocacy workshop organized by George Washington University Law School. What insights did you gain from this experience, and do you recommend similar workshops for new entrants in the legal field?
By attending a workshop, especially new entrants in the legal field may enhance their communication skills, strategic thinking, practical experience and confidence in the legal Field. I highly recommend similar workshops for new entrants in the legal field. They offer a comprehensive introduction to the practical aspects of legal advocacy and provide foundational skills that are essential for a successful legal career.
Outside of your legal career, what are some of your personal hobbies or interests that help you maintain a work-life balance?
I like playing cricket, archery, and writing poems. It is very difficult to maintain a work-life balance along with Advocacy but when you love your profession everything is possible.
What advice would you give to young lawyers who aspire to practice at the Supreme Court or start their chambers?
I would like to advise young lawyers that they should start their practice from the trial court and read at least one judgment daily on any topic that they like. I do not suggest any young lawyer to start your practice just after passing the LLB. He should work with a senior Advocate for at least three years to explore the practical knowledge of this profession.
What prompted you to establish the Law Chamber of Manish Kumar, and what vision do you have for its future? What are your future goals in the legal profession, and what new dimensions do you hope to explore in your career?
My wife who is also an Advocate encouraged me to start my law office i.e. Law Chamber of Manish Kumar. I do not want to share my future dream but you will have come to know my future goals in future.
Can you take us back to the beginning of your career? What motivated you to pursue law, and how did you start your journey in this field?
My journey into the realms of law began serendipitously as I turned the pages of an old magazine that featured an obituary of the legendary constitutional lawyer, Nani Palkhivala. The year was 2004, and I, a science student at the time, was at a crossroads about my future. Palkhivala’s profound influence on the legal landscape struck a chord with me, prompting my decision to pivot from science to law. This epiphany led me to enroll in a 3-year LL.B course with a deep-set desire to build a career in litigation and emulate Palkhivala’s mastery in constitutional law and interpretation of statutes. My affinity for literature blossomed simultaneously, nourishing my analytical skills and enriching my legal acumen. Eventually I would read a lot of literature on Palkhivala and read many judgments where he had argued.
Before pursuing your LL.B., you completed a B.Sc. in Physics. What was your career plan during your time studying physics, and what inspired you to transition to law?
While my initial academic pursuit in Physics was driven by a fascination with science and an aspiration to become an air force pilot, my career trajectory took a decisive turn following a series of introspections and a pivotal setback in the air force selection process. The rigorous analytical training from my science background seamlessly transitioned into legal studies, where I discovered a profound passion for law. This newfound path was not just a career choice but a calling to delve into the intricate domains of statutes and societal norms.
As an Advocate-on-Record at the Supreme Court, what unique challenges do you face compared to other courts and tribunals?
Supreme Court practice is a unique ball game in itself. The challenges aren’t many but with constant and consistent preparation, it’s a delight to practice here in the long run. It eventually becomes more rewarding with passing years. As a Supreme Court lawyer, we require to inculcate all the requisite qualities of a good lawyer across all courts and tribunals. The emphasis however is on acquiring more and more knowledge on law, precedents and statutory interpretation.
Practicing at the Supreme Court is akin to playing in the major leagues of law where each case can set a precedent or influence national jurisprudence. The key challenges here are the rigorous scrutiny of Special Leave Petitions under Article 136 and the statistically low acceptance rates of such petitions. This requires a deep understanding of both law and material facts to present substantial questions that warrant the apex Court’s intervention.
Despite these hurdles, the satisfaction of advocating at India’s highest Court, where the stakes are monumental and the outcomes deeply impactful, is profoundly rewarding. The great thing about the practice in the Court is that it is the last resort of a litigant to get Justice and the Court, in many cases, allows substantial questions of law and also questions of fact to be opened up for rendering Justice to see that Justice is done in the case of deserving litigants.
You were associated with Dr. Justice Akshaya Kumar Rath and Mr. Ashok Panigrahi. How did these associations shape your professional path and legal philosophy?
Both my seniors imbibed in me a sense of industriousness and punctuality during my early years of practice. Dr. Rath was eventually elevated as a Judge of the Hon’ble Orissa High Court. He is a man of unwavering integrity and imbibed in me those principles. He has voracious reading habits and that’s from where I picked up a taste of reading a lot on all subjects- from law to biographies, literature, spirituality, philosophy and science. He keeps himself updated on judgments and precedents and was a very good taskmaster. Subsequent to his retirement, we keep in touch and exchange a lot on our current reading. We talk about foreign judgments and articles in journals like Harvard Law Review etc. Dr. Rath instilled in me the virtues of diligence and broad intellectual curiosity.
Mr. Panigrahi was very influential during my early years at the Supreme Court. He helped me connect with a lot of people. He reposed a lot of trust in me while pursuing drafting assignments during my early years. He helped me a lot on the minute nuances in Supreme Court practice and the best methods to prepare a case and brief a Senior Advocate.
I shall always remain grateful to my seniors for where I am now and to have helped me set higher standards. These formative associations have not only crafted my legal perspective but have also deeply ingrained a commitment to excellence and ethical practice.
Given your top position in the Advocates-on-Record Examination, can you elaborate on the importance of this exam for legal professionals and share some tips for aspiring candidates?
Passing the Advocates-on-Record examination is a sort of rite of passage into long-term, successful and progressive practice in the Supreme Court. It offers pan-India recognition as a Supreme Court Advocate and builds a great reputation while appearing in various Courts and jurisdictions. The preparation for the examination involves acquiring minutes of Supreme Court practice and procedure, developing deft drafting skills, building up good ethics in the practice of law, sound knowledge on legal principles, interpretation and precedents. The more a person spends time in the Courtrooms, administrative offices and sections of the Court, one builds up a sound practical idea about how things work in the Court. The academic environment in the Supreme Court with illustrious Senior Advocates and colleagues is also very conducive to efficient learning of legal concepts and effective performance of aspiring lawyers.
The Advocates-on-Record exam is also a quality control system adopted by the Supreme Court, akin to the Solicitor’s exam, to maintain high quality amongst Supreme Court practitioners. The exam stands as a gateway to distinguished practice in the Supreme Court, signifying a benchmark of competence and credibility. For aspiring candidates, my appeal is to immerse oneself in the daily proceedings of the Court, engage with seasoned practitioners, and maintain an unwavering commitment to the profession’s highest standards. This not only prepares one for the exam but also for a fulfilling career at the bar.
What are some of your hobbies and personal interests, and how do they help you manage the demands of your legal career?
My personal interests—ranging from aviation to literature and community service through the Rotary Club—enrich my life beyond the courtroom and provide a balanced reservoir of calm and resilience. These pursuits offer fresh perspectives and a creative outlet that enhances my professional stamina and mental acuity, crucial for navigating the demanding landscape of legal practice. I relish reading a lot on diverse subjects, travelling, spending quality time with my family and small circle of friends. I find it interesting to keep myself updated on the latest trends in the aviation industry. I’ve been associated with the Rotary club and I am the incumbent secretary of my club where I engage in various social activities. I like going on long drives. I enjoy cooking on holidays. These help me maintain an inner calmness. Reading legal literature, biographies, legal anecdotes, science, fiction and technology related topics helps me build a balanced perspective on life. These activities not only provide relaxation but also keep me grounded and focused, enhancing my productivity and approach to legal practice.
You recently completed a Diploma in Bhagavad Gita from ISKCON Bhagavata Mahavidyalaya. What inspired you to pursue this diploma, and how has it influenced your personal and professional life?
I was amazed as well as intrigued by being introduced to the life led by the Brahmachaaris at ISKCON who have renounced the worldly affairs and have dedicated their lives towards studying and learning of the Vedas and Vedic scriptures, and acquiring knowledge on their underlying philosophies. From them I came to know about the significance of Srimad Bhagavad Gita. Each verse of the Gita is a treasure trove of deep and elegant philosophies of life. The meditation and chanting techniques discussed therein are of a superlative order in the impact that they exert on our thoughts, way of life, and understanding of things, circumstances and people. The way of life enunciated in the Srimad Bhagavad Gita is par excellence. It has helped me gain perspectives in my personal, social and professional life. Recently, I faced something immensely life-threatening. My reference to verses of Gita and my association with instructors from ISKCON helped me face things with courage and positivity.
Life’s ephemeral nature coupled with its fledgling possibilities are sufficient reasons for one to study and understand the philosophies from Gita. It certainly helps me maintain equanimity of thoughts in both gains and losses. Pursuing the Diploma in Bhagavad Gita was an exploration into the philosophical bedrock of existence and ethics. The profound wisdom of the Gita provides a powerful framework for personal and professional resilience, guiding me through life’s tumultuous phases. This spiritual grounding enriches my legal practice, allowing me to approach each case with a balanced perspective and deep humanity
Which area of law are you most passionate about, and what drives your interest in this field? Please share some memorable cases in this area.
I am passionate about Constitutional Law, Administrative law and Criminal law. The vast amount of literature on the philosophy of law hovering around constitutional law, interpretation, evidence etc. have always drawn my interests. Such fondness helps me take up cases on diverse subjects of law. It helps me take up challenging work for my Law Firm. I have worked in a number of challenging cases both in the private practice arena as well as in the capacity of a government Advocate for the Orissa State.
My passion for Constitutional, Administrative, and Criminal Law is driven by the dynamic interplay between law and societal values. These fields offer a platform to address fundamental rights and freedoms, challenging me to forge paths of justice in complex legal terrains. From cases involving civil liberties to intricate administrative disputes, my role as an advocate and a managing partner at Vaibhav & Dash Law Associates provides a continuous engagement with law’s transformative power. I have come across some of my most memorable cases while representing the state in a number of criminal cases involving the offence of murder, cases involving land allotments made by the government, land acquisition cases and service matters involving intricate issues of pay scales and promotions.
While dealing with private cases, we were recently able to get an order of quashment of FIR from the Supreme Court in a case involving a purely commercial dispute which was given the cloak of a criminal prosecution. We have also been able to amicably settle a number of disputes before the Supreme Court through effective mediation.
Can you share some of the pro bono cases you’ve worked on? What drives you to take on these cases, and how do you think they impact the community?
My commitment to pro bono work is motivated by a fundamental belief in justice accessible to all. I have worked on a number of pro bono cases in various courts including the Supreme Court. These are mainly criminal cases, consumer disputes, service matters for young recruits and matters for students in cases of admission to educational institutions. By some quirk of fate, I met an auto rickshaw driver in Delhi who was an accused in a death by negligence case. We prepared the case well and he was acquitted by the Trial Court.
I have appeared in the NCDRC for an insurance claim of a person whose property was stolen during the super cyclone in Odisha. I have represented a person with disability suffering from mental disability while seeking recruitment in the All India Services before the Central Administrative Tribunal and the Delhi High Court. I have appeared for young medical students in matters relating to their fees and admission to post graduate degree courses. These cases reinforce the societal impact of law and underscore the profound responsibility lawyers have towards equity and advocacy.
You are presently empanelled as Advocate-on-Record for the State of Odisha, Cuttack Development Authority (CDA), Odisha Hydroelectric Power Corporation Ltd (OHPC), and Canara Bank. Could you share some work details and responsibilities involved in these positions?
Being an advocate for the government, various public entities and corporations offer immensely enriching experience on diverse subjects. I have garnered a significant amount of professional work experience through working in matters concerning these institutions. While appearing in such matters the advocate is expected to maintain high standards of integrity and assist the Court on facts when needed. The work involves multifarious areas of law and requires a meticulous approach to legal and procedural details, ensuring that the entities I represent adhere to the highest standards of legal conduct and fairness. The responsibilities of a lawyer in these positions are heightened, and so do the standards expected of them from the Courts. It also involves dealing with government officials and advising them properly on the standards expected of their actions in Courts in respect of procedural propriety, fact based approach, correctness in the pleadings and avoidance of tardiness in approaching the Court while taking legal recourse and complying with Court’s orders and directives.
The sense of responsibility expected by Courts from state entities, as public trustees and model employers, is far too greater in comparison to ordinary litigants. A lawyer representing the state entities has to, therefore, (as expected and imperatively required) be very vigilant, maintain high standards of responsibility and integrity and act as a facilitating bridge between the Court and the state entities in the quest for justice.
Your journey from GNLU to Oxford seems fascinating. Can you share what inspired you to pursue law, and What challenges you faced along the way, and how you overcame them to achieve your current success?
First of all, thank you for this question! It takes me down memory lane instantly. At first blush, I would say yes, it has been an incredible journey really, especially after having sailed through a decade in the profession. My path to becoming an Advocate – on – Record (AOR) practicing at the Hon’ble Supreme Court of India has been indeed fascinating and exhilarating, starting from the initial seeds sown by my father {that his daughter would lead his counsel practice} to this day when I’m actually living my dream, quite literally!
With a family background deeply rooted in the legal profession, law was an organic choice. My late grandfather served in the Shah Commission as a Magistrate and my father followed his footsteps, but on the other side of the Bench. As a single child to my workaholic parents, I would come back from school only to see my father conduct client meetings in the outhouse make – shift chamber he had set up in his early years. Legal news (both print and media) would dominate daily dinner table conversations over the latest movie release. I was often asked to question, critique and debate every proposition or change that my parents had made in the house, right from the choice of vegetable to be cooked for dinner to a property to be acquired by the family. I came to fall in love with the law as such, almost even before I knew anything about the profession. Without me realizing, the law had become an integral part of my upbringing and I was nurtured in an environment almost normatively to have embraced the legal career subsequently. Therefore, despite my mother’s initial insistence (her being a Doctor) on pursuing sciences in school, I eventually turned towards being a lawyer. Though I studied science subjects at my Plus 2 levels, little did I know – destiny had other plans for me…..
I was the first CLAT batch, and successfully cracking the exam did open doors to several prestigious institutions in India. Gujarat National law University (GNLU) marked the beginning of an enriching five-year law school journey, with hostel life being nothing short of “transformative”, both personally and professionally for me. I made some wonderful friends, interacted with a bunch of brilliant teachers (William Sir and Jagdeesh Sir) and realized that I had to study with utmost focus and dedication to top my batch. This was the only way I could get placements and scholarships early on. I believe I truly became independent (having grown up as a single child who was now left to fend for herself) and adjusting (hostel does teach you a lot – share and care). Managing my own finances and daily expenditures, eating whatever was served in the mess (Mind you, Mohini Caterers did a wonderful job!), I navigated through the challenges of a typical law school life, striking a delicate balance between study, leisure, and extracurricular pursuits like mooting, conferences etc.
To sum up, my time at GNLU laid the foundation for my legal career, igniting a passion for the law, particularly in areas like practice and procedure. The prospect of courtroom advocacy became increasingly appealing, prompting me to veer towards litigation. The dilemma struck when I did top my batch, only to secure a pre – placement offer at a prestigious law firm in Delhi (the then Amarchand Mangaldas & Shroff & Co.)!
Having spent a few months at the firm, I realized I was made for the Courts perhaps! I felt under-utilized, having sat on a Rejoinder for almost 3 months. I began to miss my dad’s daily anecdotes, describing legal banter, having turned the wheels to head to Court. The allure of the courtroom drama where I got to witness the direct impact of my legal arguments on people’s lives fueled my desire to pursue advocacy and I began assisting my father’s Chambers (Rajive Maini Advocate). Before I knew it, I had transitioned from commercial / corporate law to litigation, and I could see my legal education translate into practical outcomes resonating with the masses instantly.
What was beautiful about my journey in hindsight was that I never planned a thing. While going up and down to Courts in New Delhi, suddenly my scholarship and Masters in law applications came through. Life took an unexpected turn and I landed at the United Kingdom, Exeter College on a full scholarship (my tuition fees and living expenses covered) to study at the University of Oxford. I was the only Indian student in 2014 who was independently sponsored by Dr. Harish Salve, Senior Advocate to pursue her Masters in Law at Oxford. Next blink of an eye and I reached The Hague (Den Haag), The Netherlands working at the United Nations Tribunal, all thanks to Professor Dapo and Judge Meron, my mentors from Oxford!
So, I would say, reflecting on this roller – coaster of a journey, while I may not have meticulously planned every step, I embraced each opportunity that came my way wholeheartedly. I believe the opportunities that I seized and grabbed with not only my hands, but also my heart and soul have led me to where I am today. Every twist and turn in my journey was instrumental in shaping my path towards being a practising lawyer, reinforcing my commitment to the profession and its impact on the society.
What inspired you to pursue becoming an Advocate on Record (AOR) and how did you manage to attract larger cases? Reflecting on your journey, what were some of the initial hurdles you encountered, despite your established legacy? How did you navigate through these challenges?
My father would often say to me “Aim for the Stars Shriya!” That’s precisely what I imbibed since childhood. When I was studying at GNLU, I had no clue about the existence of the Supreme Court Rules of Practice and Procedure, 2013 which govern the Apex Court corridors! Today, I run an AOR chamber practice independently and realize the growing importance of the specialized examination. I must proudly admit that it is one of the best decisions I have taken in my legal career to have cleared the AOR examination. AORship instantly transitioned my practice from trial court to the appellate jurisdiction – The Hon’ble Delhi High Court and The Hon’ble Supreme Court. The bigger briefs just seep in, as long as you are dedicated, talented and hard working. I was lucky to have transitioned into building an AOR practice during the pandemic (Covid – 19) since e-filing, online drafting, and virtual conferences wasn’t a facility every chamber was offering! With my father’s Chambers now handling high stake Supreme Court briefs with ease, I am an integral part of the drafting, arguing and soliciting process.
But first Credits please! – The main men who inspired me, apart from my father, to reach the Hon’ble Supreme Court corridors were Director Sir (Prof. Dr. Mohd. Salim, Director, Lloyd Law College, Noida); William Sir (Dr. Nunes, Gujarat National Law University) and Hon’ble Mr. Justice Sibo Shankar Mishra Sir, Orissa High Court who was then Advocate on Record at the Hon’ble Supreme Court of India. I shadowed under Sibo Sir as a mandatory examination requirement and I owe whatever little I have managed to achieve till date to these stalwarts.
Now, the biggest challenge really was passing the examination in one go! As one of the youngest AORs in the country, what impressed me most was the detailed approach the examination process followed. Spanning across four days with three-hour exams each day, it was indeed a rigorous test of theoretical knowledge and practical expertise. Despite my confidence, I found myself overwhelmed on the fourth day, a testament to the exam’s demanding nature. The subjects as such are not tough but pretty bulky, emphasizing on practical skills and theoretical knowledge – mentioning, urgent hearings, circulation, drafting etc. Supreme Court Practice and Procedure is one subject which requires a deeper understanding of courtroom dynamics and legal intricacies to sail through. So whether you have a legal legacy or not, the AOR examination I can safely say is NOT one plagued by the Uncle Judge syndrome, which is why maybe we just have about 5000 odd AORs in the country as on date! It is indeed an exclusive Chamber practice looked at with much prestige, both inside and outside the corridors. Procuring briefs and being paid handsomely was another challenge outright. Conventionally, clients preferred experienced seniors in the Apex Court corridor. Today, the trend has changed. Fresh Young blood is taking over and the Benches too are very encouraging to the younger lot of AORs.
I was lucky to have an inflow of some basic works when I became an AOR in 2019. Be it a simple matrimonial Transfer Petition or a Bail matter which had organically walked its way to the highest court on account of concurrent rejections, I did not let go of any work, even if it meant filing my Vakalatnama Pro – bono back then. I was hungry to learn work and I knew that each and every filing was bound to teach me something new, which would augment my knowledge and skills. So I kept patience and consistently worked up civil, criminal, debt recovery and insolvency briefs without batting an eyelid or being money hungry for big bucks in the Supreme Court corridor. As a younger chamber which had aggressively shifted towards e – filings and VC hearings during Covid, we were dabbling several courtroom links in a day. I had consciously decided not to take up a panel practice and I deliberately chose quality over quantity when it came to drafting and arguing my own Supreme Court briefs. I never hired a Senior Advocate and I filed, mentioned and argued my own matters. The Hon’ble Judges too were very encouraging to me as a young AOR and till date, they are. I have just had a Review Petition which was allowed in open Court, the Special Leave Petition having been restored. This was a first in my career since Review Petitions are a rarity in the Apex Court to even be listed for an open Court hearing. It was such a moment of pride for me as a young AOR. Today, I make more than enough money but the tip that I’d give young AORs is – RUN AFTER WORK, NOT MONEY!
Complex cases often referred to as “larger high stake matters” walked in organically after some months and those required meticulous examination of Ld. Trial Court records, and Hon’ble High Court decisions. Progressing through various tiers of the judiciary sharpened my legal acumen and transformed my gaze from that of an Advocate to an AOR (from factual analysis to intricate legal criticism). As one ascends to the Apex Court, the focus shifts towards critiquing the law, identifying gaps, and advocating legal reform – for instance drafting of Questions of Law! Constitutional Law, Administrative Law and Procedural Law become the subjects to swear by. My dad decided the Chamber would do Trial Court matters which as much zest as the AOR briefs for that would keep us firmly rooted at the grass root level. Justice was all I wanted to make popularly and easily accessible to one and all and before I knew it, I had successfully established an AOR practice at my Chambers, adding a brick more to the wall that stood tall, built by my father.
Could you share your transition from being an Advocate on Record (AOR), known for your strong passion for litigation, to delving into dispute resolution, particularly in the realm of arbitration? How did you navigate this shift, and did you find the transition as fulfilling as your experiences in the courtroom?
I’ve been fortunate to enjoy a diverse academic journey, majoring in International Crimes to International Commercial Arbitration – all at the same time! At University, more particularly Oxford in the United Kingdom while doing my BCL (Bachelor of Civil Laws – a master’s level taught degree course that retains the canon law name) I explored a range of subjects namely International Humanitarian Law, Crime and Commercial Remedies / Arbitration. Even during my brief stint at Amarchand Mangaldas Law firm prior to my Masters (erstwhile SAM and CAM) I was working with the Arbitration and Litigation Team. We were actively involved in a Mozambican – Indian govt. railway contractual breach issue and at concomitantly, I was also drafting a Rejoinder and an environmental law Writ Petition. It was this diversity which kept me engaged and motivated perhaps!
During your time at Oxford, you received recognition through various awards and scholarships, such as the Oxford Global Justice Award for Public International Law. Could you provide insights into some notable experiences from that period? Furthermore, how has your exposure to PIL at Oxford influenced your professional journey in India, and what aspects of PIL have you integrated into your practice?
While at Oxford, I was blessed to be taught by an amazing professor namely Dr. Dapo Akande who is a British-Nigerian academic and lawyer. Dr. Akande is the Chichele Professor of Public International Law at the University of Oxford, a Fellow of All Souls College, Oxford and co-director of the Oxford Institute for Ethics, Law and Armed Conflict (ELAC). He was the one who propelled me to apply for the said Award and during my tutorial sessions he ranked me the highest in class for I had boldly critiqued one of his articles published on the European Journal of International Law (EJIL) blog, a free and open platform curated by him on the subject. He taught me how to engage in scholarly discourse and this is how I ended up drafting my first ever Memorandum on Diplomatic Assurances while interning under Judge Theodor Meron at the Mechanism for International Criminal Tribunals (MICT) at The Hague, The Netherlands. For the benefit of Indian students, I even published the said Memo as a free read – https://blog.ipleaders.in/international-law-permit-deportation-assurances/
As the Global Justice Awardee for Excellence in Public International Law for the year 2015 – 16, I was most delighted when the Oxford Global Justice Committee 2015 offered to fund my clerkship at the Mechanism for International Criminal Tribunals (MICT), The Hague, beginning January 2016. I landed an opportunity to work under the most able and wonderful guidance of Judge Theodor Meron, President of The MICT, a new court of law that had been established by the United Nations to carry out a number of essential functions of the International Criminal Tribunal for Rwanda (“ICTR”) and the International Criminal Tribunal for the former Yugoslavia (“ICTY”) after the completion of their respective mandates, including, inter-alia others, handling appeals and re-trials, tracking the remaining fugitives and maintaining the legacy of both institutions, namely the ICTR and the ICTY.
As the first and only MICT intern then on board, I assisted the President and his staff on a variety of projects, which typically included drafting and reviewing assignment and sentencing orders; undertaking research on a plethora of legal propositions; due-diligence exercises; drafting minutes, notes and research memoranda; and fulfilling any other specific judicial functions of the Tribunal. Most often, my tasks, in terms of subject content spanned across issues pertaining to International Criminal Law, International Humanitarian Law and Public International Law. This not only made my work as a lawyer very fascinating but also, helped me understand how the aforementioned subjects really play out together in practice. Be it drafting memoranda on procedures for filing refugee claims or assessing the legality of deportations, I dabble in a comparative analysis of different jurisdictions (including the U.K., U.S.A. and European Court of Human Rights etc.) on a daily basis. This clerkship gave me an unparalleled opportunity to interact with legal luminaries and experts in Public International Law across the globe and learn the nuances and intricacies of international crime from the stalwart himself, Judge Theodor Meron. I truly believe that it is solely because of the support I received from the Oxford Global Justice Award and Dr. Dapo Akande, my Professor at Oxford University, that I was able to experience the incredible work culture at the MICT.
Upon returning to India, I integrated my newfound PIL knowledge into teaching as well as legal practice. Today, I do Bails for economic frauds of cheating, forgery and criminal breach of trust, besides the special laws (CBI / ED) with utmost interest! I am an Adjunct Faculty / Visiting Faculty for Supreme Court Practice and Procedure, International Criminal Law, Modern Laws of War, Human Rights and Women and Child Law at several law schools like Lloyd Law College, RGNUL Punjab, Renaissance Law Institute and NLU, Delhi. A pinch of academia really keeps me going I guess and most of my writ law drafts are sprinkled with arguments vociferously shouting PIL all over. It’s fascinating to witness how seamlessly applying foreign legal principles within the Indian context offers innovative solutions to complex legal dilemmas, paving the way for progressive legal reform.
Could you share insights into how you manage to balance these roles with such passion and energy? We’re keen to understand your strategies for maintaining high levels of energy and enthusiasm, especially considering the demanding nature of legal practice. Your ability to prioritize both your professional responsibilities and your dedication to helping others is inspiring, and we’d love to learn more about this.
Well, let’s start with this! It is a highly stressful job being an Advocate on Record at the Supreme Court of India, specializing in disputes ranging from Bails, Suspension of Sentences, SLP hearings, and Interim reliefs sought a propos Property and bank Recoveries. All the said work reeks of EMERGENCY at first blush! I would concede that I am a workaholic, putting in at least 12 – 14 hours a day at my desk in the office! I don’t take the Sundays off – I teach the law and interact / engage with students to keep abreast with legal drama unfolding across the country and globe! I verily believe I was made to serve people and get them justice. So my passion and energy stems from right there. Also, I love to sit on a table and crack a cross – examination in a rape case for instance with my father, till date. I enjoy every gush of the adrenaline rush a court hearing pumps in me so I make time to study the law, as much as I can.
However, I do recognize the importance of balance and self-care. I spend the evenings chatting with my parents and partner. My dad and I ensure that we do not discuss the law on the dinner table and we just choose to consciously laugh a lot, talk to as many people as we can, absorbing from the environment akin a sponge, keeping things in perspective. Till date, I draw my sense of self from my parents and not my work, and hence, I believe that I am bettering at my craft by the second! I try to ensure I have a priority list of works ready, with the office pushing out one legal draft a day. We file and argue cases daily, with a lot of homework being put in for days before the actual court hearing. As a chamber therefore, we enjoy a 99 % success rate I can proudly say! I’ve been taught to vigorously prepare for a courtroom battle and till date, I rehearse my arguments while bathing, sleeping and eating, literally living the law each second!
What advice do you have for younger or new lawyers looking to enter this field? What should they focus on and how should they approach it? Additionally, considering the importance of guidance and mentorship, what areas should they prioritize to ensure their success in this profession?
Firstly, be disciplinedI I make it a point to be in bed by 10:00 PM on a daily basis, aiming for lights out around 9:30 to 9:45 PM. I try to get a solid eight hours of uninterrupted sleep, waking up refreshed at 6:00 AM, ready to tackle the day ahead with my father, my mentor cum boss. As a younger lawyer, and more so a woman in her thirties (which I proudly embrace) getting enough sleep is most critical for staying sharp and focused all day long in Court. I read my case files in the morning and that works for me. So for all the new entrants, please party less and sleep more.
Another tip would be – Think out of the Box! I took up academia because it was easy money, came naturally to me (being an identified core strength) and I particularly enjoyed it in college, teaching my classmates. See what works for you! A lawyer struggling to build their practice with free time at hand can copy edit books, pen down legal books and commentaries, teach or even publish blogs and articles at first instance. These work strengths have today helped me draft well, to the extent that I am able to get Notice issued on the first hearing by the Hon’ble Court on the strength of my writing skills purely, without arguments having been heard!
Also focus on timelines / deliverables and do not sit overdrafts for days. With so many lawyers offering services in the market, it is essential that your drafting as a lawyer stands out in perfect English language and hits all the legal pointers. Therefore, legal research is another precarious cornerstone of my law practice. I’m committed to conducting a thorough research, drawing on my fondness for this aspect since law school days. If a junior struggles with research, I dive in myself, investing the time needed to ensure comprehensive preparation for I do not go to Court without a legal precedent on the point. Prioritizing this area I believe has ensured my success in the profession.
Lastly, I’d say do not get disheartened! Every day in Court is a new learning. Do not get affected by the scolding of a Bench or the dismissal of a Petition. Instead, hustle and find the next brief! Be a bit selfish and think about your work single handedly. It’s an entrepreneur’s life in a nutshell where we build our practice and sustain it. Right from being the Xerox guy to the chaiwala in the office, a young budding lawyer adorns many hats – draftsman (/woman), briefing counsel, arguing lawyer, recovery agent! So enjoy and love your daily work. TO sum up, dedication, consistency, patience, passion and diligence, besides a good support system are key during these periods of growth and these will make or mar your legal career, quite literally!
Could you please share your interests and hobbies? How do they contribute to your professional practice? Additionally, what advice do you offer to your mentees, particularly regarding decision-making in their legal careers, considering the diverse challenges they may face, especially in the post-COVID era?
Before I answer this question, I must fairly admit – I love spending time with my parents, partner, aunt (masi) and grandmother (Nani)! So all my free time, whatever little I get is consumed by my family essentially.
Now, let’s get to the question really. So, I have always been drawn to various forms of expression, whether it’s painting, learning French, public speaking / debating or engaging in sports during my school years. However, the demand of our legal profession often overshadows our hobbies and interests and hence, I try to find some time for myself (which honestly does get tough – Covid was a bliss and I did some rather interesting sketches which I’ve put out for you all to relish!) Till date, I enjoy sketching and painting (be it an oil or water base). I believe art helps relax. Besides, it pushes me to develop a sense of focus, adherence to deadlines while giving me a sense of fulfillment. Another exercise till date which I engage in since I became a lawyer was to seek daily feedback from my father – Advocate Rajive Maini. As my boss, mentor, guru and father, we engage in a delightful ritual post work, at the dinner table fondly playing our “barrister versus solicitor” game, whereas as a whimsical yet insightful exercise we assess daily chamber performance, teaching us how to improve with constructive feedback. We have other interns and associates in our Chamber as well, all working together as a team!
Additionally, as a woman in the legal field, I strongly feel that societal norms have altered and for the best. Women are no longer expected to leave their parents conventionally post marriage and set up another’s home! They can very much work with their own parents, take the family practice ahead, support their mother and father while building their own careers just like their male counterparts establishing their own family legacy! My partner who is extremely supportive of my erratic work schedule and travel commitments adjusts happily. Beyond my professional pursuits, I am very passionate about travel and learning French as a speaking and writing third language. Exploring different cultures and their legal systems has broadened my horizons and led me to explore newer jurisdictions such as Canadian law, off late.
To sum up, I’d leave the interview with this sole tip for young professionals to excel in their legal careers – Recognize and nurture your strengths. Do not force yourself into roles that do not align with your inherent abilities. It is crucial to identify and cultivate these talents (be it that of a solicitor or a barrister) rather than trying to fit into a mold that doesn’t suit you – like a square peg and round hole. Law school graduates usually have a clear understanding of their abilities, guiding their roles and assignments. For example, my early passion for moot courts shaped my entire career path as an arguing counsel. As strange as it may sound, today, I feel my best in a courtroom or a classroom! In law, there’s no one-size-fits-all approach. It’s about finding what suits you best. Whether you prefer intensive research at a prestigious firm, working as an in-house advocate, or even balancing teaching with legal practice, the options are endless
Could you please share with us your journey into the legal profession? What initially inspired you to pursue law, and what challenges did you encounter during your formative years in the field?
My journey into the legal profession was not pre-planned but rather a serendipitous occurrence that unfolded unexpectedly.
While my initial career aspirations varied in many different directions, fate had other plans in store for me.
I was doing a chartered accountancy course along with my graduation when I took Delhi University’s LLB entrance test in the final year of my graduation and got selected. I completed my law in 2002 from the Campus Law Centre, Delhi University, and that is how my journey into the legal world began.
In my initial years into the profession, I had the privilege to work under Hon’ble Justice Siddharth Mridul, who was then the Standing Counsel for Union of India in Delhi High Court and thereafter with Mr. Amarjit Singh Chandhiok, Senior Advocate. Working in the office of a standing counsel does provide a great deal of opportunity and it immensely benefited me too. Working in the most sought-after senior’s chamber in Delhi High Court inculcated discipline. It not only shaped my career but has also enriched my life in ways I could never have imagined.
With a special penchant for litigation, I decided against joining a law firm and chose to establish my own independent practice. Despite my enthusiasm, the journey was not without its challenges. As a first-generation lawyer, I lacked the familial connections and resources that are often advantageous in navigating the legal landscape. However, I refused to let these obstacles deter me. Instead, I embraced them as opportunities for growth and learning.
Yet, it was precisely this avant-garde journey that imbued me with a unique perspective and a tenacity to succeed. I embraced each challenge as an opportunity for growth, seizing every chance to expand my knowledge and hone my skills.
What motivated you to pursue and successfully complete the Advocate-on-Record (AOR) exam for the Supreme Court of India?
Initially, I did not realise the importance of being an AoR and did not take the examination despite being eligible in 2007-2008 itself, i.e., after 5 years of practice. However, I realised my mistake when it became evident that Supreme Court practise is an integral part of litigation and being an AoR is a clear advantage, more so, for a first-generation lawyer like me. Many of my peers went on to successfully qualify the exam and with their encouragement and support I also took the exam and became an AoR in my first attempt in 2011.
You have been involved in cross-border commercial disputes. Could you elaborate on the unique challenges and strategies required in such cases?
Since arbitration is a mechanism of resolution of disputes that, unlike court, takes place in private, it is always open to the parties to choose the substantive law and law governing the arbitration agreement as well as the seat and venue of the arbitration. Problems arising out of an arbitration call for the application of proper law of the contract, which is the law governing the contract creating the substantive rights of the parties; proper law of the arbitration agreement; and curial law, i.e., the law governing the conduct of the arbitration. Lawyers are confronted with situations where all these three may differ. Thus, one of the primary challenges in cross-border disputes is jurisdictional issues and matters related therewith. Determining the appropriate forum for resolution can at times be complex, owing to the parties based in different countries with conflicting laws and regulations. Also, building strong relationships with local counsel can be instrumental in achieving successful outcomes in cross-border disputes.
As a member of Insol International, how does your expertise contribute to resolving insolvency and restructuring matters?
Development in any other branch of law in India, in all likelihood, cannot be matched by the pace at which the insolvency regime contained in the Insolvency and Bankruptcy Code has evolved in the short period that it has been in existence in India.
INSOL International is a federation of national associations of professional who specialise in turnaround and insolvency. It facilitates key stakeholders to come together and share experiences by promoting best practices and providing a forum for debate on key issues facing the industry and the profession. Through this organisation, I am constantly exposed to the latest developments, trends, and best practices in insolvency and restructuring from around the world. This global perspective allows me to adapt and apply innovative strategies that have proven successful in different jurisdictions.
With your extensive experience in telecommunications and technology-related litigation, how do you anticipate the impact of emerging technologies on future legal disputes?
The rapid pace of technological innovation has reshaped the legal landscape, presenting both opportunities and challenges for lawyers and their clients.
Emerging technologies such as artificial intelligence (AI) and machine learning are poised to revolutionize various aspects of the legal profession, including case analysis, document review, and predictive analytics, which have the potential to streamline legal processes, improve decision-making, and enhance the efficiency of legal services.
Our Supreme Court has already started publishing the transcript of the hearing in select cases using Artificial Intelligence to transcribe hearings.
I see innovative technologies reducing administrative work for lawyers. However, it is unlikely that technologies and AI will replace human lawyers and judges.
You’ve been appointed as Arbitrator by the Delhi High Court multiple times. How does this experience contribute to your understanding of legal procedures and responsibilities? Please share some insights from this role.
The Hon’ble Chief Justice of India had recently remarked that the arbitration space in India resembles an old boy’s club. He highlighted how only retired judges dominate arbitral appointments, and, in the process, several promising candidates (such as lawyers and academicians) are overlooked.
I am glad to share that the Delhi High Court does appoint lawyers as arbitrators. Serving as an arbitrator appointed by the Delhi High Court is a significant and enriching experience that has deepened my understanding of legal procedures and responsibilities in dispute resolution. This role has afforded me invaluable insights into the complexities of arbitration proceedings and the nuances of adjudicating disputes outside the traditional court system. Additionally, this role has underscored the importance of effective case management and maintain procedural integrity in arbitration proceedings.
Beyond the courtroom, how do you engage in community outreach or pro bono work to promote access to justice and legal literacy among underserved populations?
Being the first one, in my entire family, to choose law as my profession, I do recognize the barriers that many individuals and communities face in accessing legal assistance. My office is open to everyone and anyone seeking any legal assistance. I am also empanelled with The High Court of Delhi (Middle Income Group) Legal Aid Society and I actively seek opportunities to leverage my skills and expertise to make a positive impact outside of traditional legal settings. My pro-bono work is driven by a deep-seated belief in the importance of promoting access to justice and legal literacy for all.
Outside of law, what hobbies or interests do you pursue that contribute to your professional development or enhance your perspective as a legal practitioner?
Balancing professional with personal interests is essential for maintaining a well-rounded perspective as a legal practitioner. One of my passions outside of law is literature and writing. I try to keep abreast of current affairs and make it a point to read couple of newspapers including financial ones. Additionally, I am an avid traveller and explorer. Traveling not only exposes me to diverse cultures, languages, and customs but also challenges me to adapt to new environments and navigate unfamiliar terrain—a skill that is invaluable in the legal profession, where each case presents its own unique challenges and complexities.
Can you share a pivotal moment or case from your career that significantly influenced your approach to law and litigation?
I have had opportunities to represent the Government of India and was part of the teams led by the Learned Law Officers before the Constitution Benches of the Supreme Court in several matters involving substantial questions of law as to the interpretation of the Constitution of India. I have handled numerous cases which are significant for one reason or another.
One pivotal moment in my career that profoundly influenced my approach to law and litigation was a case in the Supreme Court arising out of a controversial phone tapping. The issue involved as to whether a public figure has a reasonable expectation of privacy. Guidelines were issued by the Supreme Court which led to framing of the standard operating procedures (SOP) by the Government for legitimate phone tapping.
Having said that, I approach each case, with utmost sincerity, and take it as an opportunity to serve the clients in getting justice which they deserve.
With over two decades of experience in the legal profession, what suggestions or advice would you offer to the upcoming generation of aspiring lawyers and legal professionals navigating their way through the complexities of modern legal practice?
I would like to share with the upcoming generation of aspiring lawyers and legal professionals navigating the complexities of modern legal practice to embrace lifelong learning. The legal profession can be demanding and unpredictable, with its fair share of setbacks and challenges. Cultivate resilience by maintaining a positive attitude, embracing adversity as an opportunity for growth, and developing coping mechanisms to navigate stress and uncertainty effectively. You must uphold the highest ethical standards in all your interactions, prioritize the interests of your clients, and adhere to the rules of professional conduct and legal ethics.
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