Could you share a bit about your journey into law, especially being a first-generation lawyer? What inspired you to take this path?
Well, this question takes me down the memory lane. I must admit that law was not the first career option I forayed into. I belong to a family of Chartered Accountants and it was expected that I also follow the footsteps of my father and eventually join the family firm. After completing my schooling, I did brush through the entrance exam for CA i.e., CPT exam. However, numbers never interested me. There was a subject in the syllabus for CPT exam – Mercantile Law which had topics like Contracts, Sale of Goods Act, Partnership Act etc. While reading the subject, I was intrigued. Thereafter, I started researching on law as a profession and gained more interest while reading about renowned seniors in newspaper articles and their interviews on TV, which helped me in taking the decision to pursue law.
As someone managing a diverse practice, from private clients to standing counsel for Election Commission and various authorities, how do you maintain a work-life balance? Any unique strategies you’ve developed?
Great Question! Managing work life balance is always a debated topic in any field of work. I must admit that initially it was very overwhelming for me but as a first-generation lawyer, I had the grit and determination to manage my work efficiently. Everyone has a different style of maintaining work-life balance. For me, better planning, thorough preparation and the ability to keep calm, even when there is are last-minute listing of cases or urgent drafting, is something I’ve learnt out of practice over the years.
Since my decision to litigate and develop my own practice was clear to me very early on in my career, I had accepted that the journey ahead would not be a cake walk. At the end of the day, the satisfaction I gain from my work is what pays off and makes me strive harder.
It would be wrong for me to paint a rosy picture and say that there is a good balance of work and life in the field of litigation. The balance does come, but not very early on in this path. One should always make the most out the moment. According to me, the best way to maintain work life balance is to unwind whenever one can and has time to.
Can you share a funny or memorable moment from your early days in the legal field that taught you a valuable lesson or made you laugh in hindsight?
After completing my course in law, I was placed with the litigation department of J. Sagar Associates, one of the leading law firms in India. Being a fresher with zero work experience, it was a very proud moment for me and at the same time, it was nerve-wracking. Working in a law firm that to one of the leading law firms, you are expected to be professional and crisp with your work.
In the first week of my joining the firm, I was given an assignment of drafting. According to me, drafting is something which nobody can teach you and you only get better at it with practice. So I had prepared a draft to the best of my ability and limited knowledge at the inception of my career. My reporting partner in the firm made me sit with him and explained that the synopsis which we make in the petitions is what makes or breaks your case. He explained that one should always make sure that the synopsis of the petition should ensure that your story reaches the Judge and it should be as short as possible. This valuable lesson which I got early in my career has helped me a lot while drafting petitions.
Starting your career at one of India’s top law firms and then transitioning to individual practice is quite a journey. What inspired you to take the leap and start your independent practice, and how has the experience shaped your approach to the legal profession?
Coming from a family of Chartered Accountants, I was always expected to become one as-well. Albeit my interests were always aligned towards law and I never imaged joining the family firm. But being brought up in this environment I saw my father build his practice from scratch. This instilled in me the principle of working for self and building one’s legacy (or at-least making an honest attempt). I learnt that in order to achieve the same, not only did it require patience, but also consistency.
Upon graduating I joined one of India’s top law firm’s only to realise that the structure, methods, and expectations were supportive/ aligned with the goal in my mind. Surely, I did learn a lot in the short span I worked in firm, but keeping in mind my ultimate objective, I pivoted and took a huge risk by going independent. This risk I took early on in my career was something I am thankful for today. Initially it was tough to develop clientele and I was surrounded by negativity. But with time it has only taught me that one needs to trust their instinct, stay consistent and put their best foot forward.
As the Standing Counsel for the Election Commission of India and representing industrial development authorities, your work spans various domains. What’s a case or project you’ve worked on that you are particularly proud of, and why does it hold significance for you?
To me, every case is important and challenging and has taught me something or the other which remains with me for a long time. Every case that I have done either before the Hon’ble Supreme Court of India or other High Courts are dear to me. It is difficult for me to pin point a specific case but I must tell you that being a Standing Counsel for the Election Commission of India comes with its own challenges. Why I say this is because Election Commission of India is a constitutional body which is entrusted with conducting the elections of the largest democracy in the world along with the legislatures of the States as well as the Hon’ble President and Hon’ble Vice President of India.
Of late much has been said about the Election Commission of India in the social media, however, when you appear for the Commission before any Court, it is expected that that you represent the Commission fairly and independently. The Courts also take your word for it because at the end of the day, you are representing a body which is the watchdog of free and fair elections in the country.
We know you’re deeply involved in legal matters, but when you step out of the courtroom, what’s Ankit Agarwal’s go-to way to unwind? Any hobbies or activities you indulge in to relax?
For me the best way to unwind is spending time with my family. Whenever I get the time to unwind, I make sure that I go out with my family for a meal or a movie. One thing that the Covid-19 pandemic has taught me is that there is nothing better to spend time with your loved ones.
For young aspiring lawyers looking up to your journey, what piece of advice would you offer to help them navigate the early years of their legal careers?
My advice to the young aspiring lawyers will be hat the journey is difficult but it’s not impossible. You need a lot of patience, hard work and zeal but later on in your career, you reap the results of the hard work put in in the initial years of your career. Litigation is not only limited to drafting and arguing in court but knowledge and awareness of law plays a pivotal role. Do not succumb to fear of judgment and pessimism which is very common in our profession. Work hard, trust your instincts and try to be as consistent as you can.
Rohit, your journey from the chambers of Mr. Anand Grover to representing major players like Google and Snapchat is truly remarkable. Can you take us through a memorable moment in your career that shaped your approach to the legal profession?
My journey has been a roller coaster ride, full of ups and downs, making it hard to recall. As a first generation lawyer getting a first job was very difficult. However, in 2013, I joined Anand Grover as a fresh law graduate. I got this job primarily because of my graduation in Life Science and not because of law. When I joined his chamber he was representing generic pharmaceutical companies before the IPAB and High Court in matters related to pre-grant patent oppositions and compulsory licences. My job at his chamber was related to finding the prior art of a contentious patent application thus the focus was more on researching chemical compounds of the drugs and tried to simplify enough to submit before courts, during this period I worked on many important drugs like Nexavar (Compulsory Licences case) and Sofosbuvir. After leaving his chamber in 2014 I joined MKSS (Mazdoor Kisan Shakti Sangathan) as a fellow where my job was focused on representing indigent litigants and groups on right based litigation related to NREGA, RTI, panchayat elections etc. This gave me the opportunity to work with two very good lawyers, Senior Advocate Prashanto Chandra Sen and Dr Yug Mohit Chaudhary, I learnt a lot from both of them. Yug is known for his work on Death Penalty cases and thus appeared with him in several death row cases.
Later, in 2015 I joined Advocate-on-Record Chirag M Shroff and then joined the excellent chambers of Mr Ramesh Singh Senior Advocate, an outstanding corporate lawyer, where I had the opportunity of assisting him in various arbitration and commercial cases. I learnt the art of articulation and gained confidence in handling complex legal issues from Mr Singh. It was the most significant period of my career, however I had to take a break due to some inevitable things at home and later in 2017 started my own practice. It was a very tough period with no or low monetary gains.
In 2019, a recruiter approached me to interview with Bytedance. After a few rounds, I was hired, and the rest is history. Bytedance, the parent company of TikTok, and it was the most challenging job so far for me. When I joined TikTok was facing regulatory issues and it also was a time when intermediary liabilities and content regulation laws were also developing in India, and as a pioneer in short video format with tendency to become viral TikTok faced many challenges and court cases related to bad content on platform, however, these challenges provided me avenues to learn on the job and grow as as lawyer and as an individual too. Google and Snapchat were settled and very slow companies and hardly a challenging situation occurred when I was there. Now after resigning from my corporate job I am back to pursue my career as a litigating lawyer, I cleared the AoR exam this year and practising primarily before the Supreme Court.
We often see lawyers in the courtroom, but what’s something about the legal profession that people might not know? Any behind-the-scenes aspect or interesting anecdote you’d like to share?
Lawyers in the courtrooms come with huge preparation, background study and efforts of many people involved. In 2019 I got an opportunity to represent the plaintiff in a suit for injunction filed before Bombay High Court against Ayushmann Khurana, the allegations of the plaintiff were that he had stolen his story and made a film called Bala. We had strong evidence to prove the allegations before the court, and his lawyer did not file any convincing reply in initial hearings and somehow we managed to convince the judge for personal appearance of Mr Khurana, however, after several requests made by his lawyer the court dispensed his personal appearance, but it was an exciting day for us in the court, my associate and junior were especially happy in hope to see the glimpse of the bollywood star.
You’ve been deeply involved in shaping content policies and legal strategies for social media platforms. With your background, what advice would you give to someone trying to navigate the fine line between freedom of expression and responsible content moderation in the digital age?
Social media is a powerful medium to communicate. After notification of Intermediary guidelines and digital media code 2021, social media companies are using AI tools and human moderators to curb the obscene and pornographic material however real challenges are related to political speeches and dissent voices, such content shall be dealt with utmost caution and platforms shall not remove any content that does not breach the Article 19 (2) of the Constitution of India, similarly MEITY shall also exercise its power under section 69 A of IT Act 2000 in rare cases and not as a normal routine. As a society we should aim at making the internet safe and secure for everyone.
In India the main problems is that some think tanks are over romanticising the “safe harbour” protection and wrongly interpreting the intermediary liabilities. Such protection cannot be granted or taken away by the statute as many policy practitioners and lawmakers think, it’s just an affirmative defence against the liabilities of the platform and only the court can use it to punish or protect the platforms against any liability. Therefore, I believe that facets of freedom of speech and expressions shall be dealt within the ambit of Article 19 (1)(a) read with Article 19(2).
You’ve navigated through roles as Legal Counsel for Snapchat, Google, and Bytedance, offering you a front-row seat to the tech industry’s evolution. What’s the most fascinating or unexpected aspect of tech law that you’ve encountered, and how do you stay ahead in a field that’s constantly evolving?
While at TikTok I encountered many unexpected and complex legal issues. Most fascinating issues were related to content crawling wherein TikTok content was crawled by competitor apps and they started monetizing it. However, TikTok had a state of art watermarking system on its content that helped the TikTok team to identify its content on other platforms and enforce its legal rights. During Google days most challenging work was related to revenge porn, as per Intermediary Guidelines 2021 platforms have an obligation to remove such content within 24 hours hence, sometimes I had to work beyond office hours to help the trust and safety team to remove content within time. Social Media and new age platforms are posing a new threat towards user safety, issues like deep fakes, AI generative and application of virtual currency in online gaming are some matters that need urgent attention.
Your educational journey includes a diverse set of courses, including a recent one on Fintech. How do these ongoing learning experiences contribute to your legal expertise, and is there a specific area of law or topic that you’re currently excited to explore further?
I am a big fan of MOOCs and distance learning courses. I feel that once we complete LLB, we do not need a master degree especially when we want to be in litigation, therefore I did not want to waste time and money in doing LLM hence, opted for distance learning specialised programs like Fintech, Media Law, CopyrightX etc. These courses played a significant role in getting jobs and recognition. Presently, I am quite fascinated with the changes happening in corporate governance and ESG regulations, and I am excited to explore this area and consider doing specialised training.
Your international exposure is quite impressive. How has your experience with diverse legal systems influenced your approach to cases in India? Any notable contrasts or lessons learned?
I was fortunate to work closely with lawyers from different countries. When TikTok was banned in India I was asked to support other jurisdictions like the UK, Israel and Sri Lanka, whereas while at Google I was responsible for west Asia litigation and worked with law firms of Pakistan and Bangladesh. Among all these, the best learning experience was with Israeli law firm Fischer Behar Chen Well Orion & Co (FBC) . I was very impressed with their drafting skills. Their team was trained to draft the long brief in a few pages in simple and plain English, a skill which Indian lawyers lack. Now, I am an Advocate-on-Record and I am trying to follow the learning from FBC.
We’ve covered your legal prowess, but what’s a hobby or interest you turn to when you’re not immersed in the world of law and litigation? Any hidden talents or passion projects you’d like to share?
When I am not in court, I like to go to the local market and eat street food, I also spend some time with my plants and I also have interest in collecting samples of leaves from different locations after drying them. I make herbarium.
With your background in Intellectual Property Rights and technology law, what’s a piece of legal advice you find yourself frequently sharing with friends, family or upcoming generation, especially in today’s digital age?
I usually advise my colleagues and friends to understand your client’s business before providing legal advice, to remain quiet and let your client speak more during meetings. I feel that all lawyers are competent to advise but there are very few lawyers who understand the business of the clients. Once we understand the business it will become easy to advise the clients. In today’s competitive world, start ups are coming with disruptive technologies and products, and if we do not understand their product and business properly, we may not be able to advise our client properly
I belong from a small town Ajmer, Rajasthan, my father is a lawyer in the same town, and I grew up watching him dress in black and white attire every day. We have a small office in the home where the clients used to come and share their cases in his office. Listening to them hiding behind the doors and watching my father helping them in every possible manner would always attract me towards this profession and here I am.
You graduated from M.S. Ramaiah College of Law, Bangalore in 2013. How does it feel being from (Non NLU) Law college – could you share your experience with us.
Before joining this college I did give entrance exams of various National Law Colleges in 2007 (as CLAT was introduced in 2008) but was not selected in any.
It was late mid-June when almost all the college admissions were closed and after rejections from all the national law colleges, I chose to travel alone by train from Ajmer for almost 42 hours to reach Bangalore in search of a good college.
I made a list of reputed law colleges and decided to visit each one of them to try for a seat. The first on the list I visited was M.S. Ramaiah College of Law. At the entrance of the college, a big board was fixed displaying “admissions closed”. Not to lose hope I still managed to push myself and enter into the building walking towards the administrative room. I swiftly entered the room where the manager had just ended a landline call by putting the receiver down and in a low voice I said “I want admission”. I was told to wait and have a seat, while the administrative persons had a meeting among themselves. After some time I was told by the manager that 80 seats of this academic year are full, however, a moment ago one candidate refused to join and now we have a single seat, are you carrying all your documents with you and the rest is history. This is the day when I learned the value of at least giving it a try and not giving up.
It is true in today’s life various offices and firms judge based on the name of colleges, however, I would like to add that in my opinion being from NLU or non-NLU College does not make much difference, if you are sincere and are passionate about your work. In fact, being from Non-NLU in my case had only benefitted me for making me strong enough to face the challenges of a litigating lawyer as a career.
Not being the icing on the cake will only make you the bottom part of the cake which is hard and filling, meaning thereby stronger and in a way fruitful for your future if you want to pursue a career in litigation which is itself full of challenges. A will to learn and zest for life will never depend on what college or institute you belong to. Face the challenges and enjoy the journey.
You graduated, Coming from a small town then working under an Advocate-On-Record at the supreme Court of India to becoming Yourself an Advocate-On-Record, How was the journey?
Being a lawyer is not easy, it demands lots of hard work, dedication and devotion. Especially, when you do not belong to this city that is in itself challenging. You have to live away from home starting from scratch. It almost seems like a never-ending struggle. After my graduation, I came directly to Delhi and shared a flat with my immediate seniors at Law College who were kind enough to give me some guidance.
I worked at various law offices where I was fortunate to be given the responsibility to handle matters individually. I used to draft, type and prepare it for filing and thereafter visiting courts for filing, everything right from:-
page numbering,
attestation,
notarizing,
court fees
Photocopies etc,
waiting in the queue for submission of the case at filing counter
curing defects
getting it listed and
arguing before the court
While deciding a case in the court of law there is an abbreviated form of Latin Maxim de minimis non curat lex, “law is not concerned with small things.” However, in the practice of law, it works the other way round .i.e. “the practice of law is concerned with each and every small thing”. Until and unless you learn how in litigation the small and minute things work you will find it difficult to deal with major things.
While digging the ground I never stopped looking at the sky. At the Supreme Court, I used to sit inside the court watching the proceedings in and out, observing the Hon’ble Judges their reactions and how learned advocates and senior advocates argue their cases and present themselves before the Court. Making notes, and learning the process and it is only a decade into 2023, with never to stop trying attitude and as they say “When there is a Will there’s a way” I cleared my Advocate-on-Record Exam.
Your work involves a mix of civil, criminal and corporate matters. If you had to choose, which type of case do you find more thrilling and why?
As recently Hon’ble Justice L. Nageswara Rao said:
“There Is No Profession Thrilling Than Legal Profession”
Well practice of the Supreme Court does require mixed knowledge of every subject, there is a CASE LAW paper in AOR Exam where one has to study all case laws around 64 judgments right from KESAVANANDA BHARATI SRIPADAGALAVARU VS. STATE OF KERALA & ANR. (Doctrine of Basic Structure Case) or LALITA KUMARI V. GOVTOF UTTAR PRADESH (Registration of First Information Report) to INDORE DEVELOPMENT Vs. MANOHAR LAL (Land Acquisition Case).
Either Civil, Criminal or Corporate matters, the recipe is the same .i.e. mastery of facts, relevant statutes, research, and application of law/judgments, only the taste changes .i.e. the result.
The thrilling part is not the subject, but the journey and the relief for which the client has engaged you and trusted you with the responsibility of seeking justice. When you give your best in the matter and present your true capabilities, knowledge, ideas, and skills of your experience, only then the whole process right from the first meeting with client up to the final argument stage the journey as a whole will thrill you and no matter what the subject is, your inner soul will always give a sign that yes you have done something worth for.
Balancing a career as an Advocate-on-Record with various high profile cases, you must have some unique strategies for managing stress. What do you do outside of work to unwind and recharge?
I am a son, a husband, a brother, and a friend. I am an old-school guy, I love being close to nature which keeps me calm and soothing and I also love to spend time with my family. Whenever I get time I travel back to my hometown and spend most of the time with family. In the morning I do give time to myself for at least 20 to 30 minutes, where I practice yoga, stretching, meditating, and gardening and relax with myself.
In my opinion, there are no unique strategies for managing stress, in reality, there are not any because the simpler you live the simpler your life will be. In these hectic times of the world, people have stopped realizing that we work to stay away from these so-called words like stress, tension and problems etc., so how come working would give you stress. I am not denying that these issues don’t exist but once you are doing your work with true passion and dedication and have opted for the right profession that keeps you motivated you will automatically ignore the unwanted things in your life and would focus on improving yourself every single day.
Being an Amicus Curiae in a service matter is an interesting role. How is the experience compared to your usual courtroom battles?
Well, it is a privilege and a great honour to be appointed as amicus by the Hon’ble Supreme Court of India and I am fortunate enough to play this role in my small legal career. As the Service matter is still pending consideration before the Hon’ble Supreme Court it would not be possible for me to discuss it.
However, in comparison to usual courtroom battles, there is definitely a different sense of pride within you when the court recognizes you and shares the burden of responsibility on your shoulders. As an amicus you have to act as a “friend of the Court” and your endeavour must be to guide the court with all the facts and laws to reach every possible way of finding the right solution both for the Court and the litigant.
Your journey involves work with a diverse range of legal matters. If you were to give advice to your younger self starting in the legal profession, what would it be, considering both the professional and personal aspects of your career?
OBSERVE THE COURT:-
I still remember in my initial days I attended a chamber matter before Hon’ble Mr. Justice Amitava Roy. My matter was listed as Item No. 12 and all the matters that were listed were for the reason of not curing the defects, for that reason the matters were pending in the registry.
During Item 1 to 10, I observed that in every Item Your Lordship was asking how much time you need to cure the defects and the Advocates were asking for 6 weeks, some asked for 4 weeks or 3 weeks time, the court was strictly taking Action against the advocates for not curing the defects timely and in almost every matter your lordship were passing order “as a Last opportunity counsel is given 2 weeks to cure the defects, failing which the Special Leave Petition will stand dismissed”
In item 11 your lordship had again asked “how much time” counsel replied “4 weeks”, and the Court said “2 weeks and failing which the Special Leave Petition will stand dismissed” with a comment “pull up your socks”.
When item 12 was called out I walked towards the desk and was asked by Your Lordship “Yes sailing in the same Boat, how much time do you need” I replied It is my fault for not curing the defects timely and I leave it to my lords any time as would be directed I would cure the defects” and in response, an order “6 weeks’ time granted to cure the defects”, without any condition of dismissal.
In short, it is very important to read the mind of the court and decide in what manner you can drive the court in your favor.
BE PATIENT:-
My message to the readers is: Be patient, and be diligent as this profession does not give any overnight success stories. This profession sometimes also demands sacrifices, as I can relate with those who come from outside the city in the hope of fulfilling their dreams, “you might lose many things but believe me you will achieve everything”. In the end I can only share the slogan by Great Swami Vivekananda:
Can you tell us about your journey into the field of law? What inspired you to pursue a career in law, and how did you get started in the legal profession
Being a first generation lawyer, I persuaded my family that I want to be a lawyer and make a good career in law. To be very frank, I must say the journey in this legal profession has been a roller coaster ride for me. Let’s dive back in time to know more about why and how I chose the legal profession as a career. In the year 2007, I did my schooling from Cambridge School Noida. I was least interested in accounts so it was easy for me to make up my mind about not pursuing CA/CS Course for sure. After that decision, I decided to pursue a BBA Course and appeared in the entrance examination for 3 continental BBA courses from Amity University Noida. Although I was selected, I was not satisfied at all whether to pursue it or not. Later I came to know, accountancy is also included in the BBA Course, and I couldn’t deal with the accounts subject so decided to move ahead and quit this course. Just like 3C BBA, at that point of time, the 5 years integrated BA.LL.B(Hons) course was gradually evolving. I pursued law with Amity law school, Noida and graduated in 2012. Furthermore, I did my masters from O.P. Jindal Global University, specialisation in Corporate Law in the year 2014.
INSPIRED BY WHOM –
Succinctly to say that, inspirations are so many luminaries of our legal profession, but one person who inspired me was the late Sh. Ram Jethmalani Sir. In the first year of law, I came to know about the Jessica Lall murder case wherein in 2006, the trial court had acquitted Manu sharma in that case. The first time I heard about Ram Jethmalani sir was in the aforementioned case who was defence counsel of Manu Sharma. I did a little bit of research later on. He was noted for his legal acumen and expertise.
Also for the parents, Selecting/Choosing a career option on behalf of their child is one of the major decisions that they undertake in the initial stage of commencement of their child career.
REASON WHY I CHOSE CRIMINAL LITIGATION OVER CORPORATE/IN HOUSE LAW PRACTISE –
By the time I jumped to fourth year in law, I had interned in a few corporate law firms including IP firms such as Sai Krishna and Associates. Prior to that, I already had interned for a month under tutelage of Senior advocate Rakesh Dwivedi Sir and K.K. Manan, Sr. Advocate, chairman of Bar council of Delhi . By this time, I had partially decided that I would go for litigation. It was the year 2012 where I interned for 3 months under tutelage of Advocates Subhash Gulati Sir and Sima Gulati Ma’am (Gulati and Associates), who were and still are my first mentors in this legal profession. These 3 months were fruitful for me as an intern which aided me in taking the right decision of which area of law to practise in coming years.
They have been doyens of the legal profession and have nurtured so many successful lawyers. I feel honoured to have been a part of that law firm (G&A).
You have an impressive and diverse background, working in various areas of law, including criminal trials, original side practice, and corporate matters. Can you share some of the key experiences or cases that have had a significant impact on your career and expertise
In mid-year 2012, I initiated my career in the field of criminal law for 2 years straight and got associated with the law firm of Gulati and Associates. I had a short yet effective stint as a junior advocate for Subhash and Sima Gulati . Having worked under Subhash Gulati and Sima Gulati (Sir and Ma’am) all this while, proved to be beneficial for me as very closely, I learned the tricks, tactics and specially the art of cross examining the witnesses in criminal trials. In fact, for a few months, I started assisting seniors in criminal matters listed in district courts. To name the few it includes dowry related case, dowry death case, murder case and 2G Scam case. For beginners in this legal profession, reading, researching the case laws, interpretation of the laws/provisions and putting all of it in drafting are few of climbing the ladder of district court practice. Next comes the oral advocacy , i.e. to say mastering the submissions/oral arguments before the court, that I learned at much later stage.
So, initially I started appearing in all district courts in Delhi and sought Passovers in complaint matters, heinous crimes /non heinous crimes (both pre trial and post trial stages matters) as well. A person is bound to make a mistake in his /her commencement of his trial litigation and that’s exactly what I did. The one thing I learned from the seniors , at the very beginning in starting 6 months, appearing before MMs (Metropolitan Magistrates) or ADJs/DJs (Additional/Assistant District Judges/District Judges) is that never ever lose your patience during arguments, the ability to handle the situations, be crisp on law and facts and one should know when to counter/rebut the arguments on the questions asked put forth either by the opposite party counsel/Hon’ble Judges.
I can tell you the first trial case I was involved in was of dowry one. In that case, we were representing husband. Senior told me to prepare the tabular chart by highlighting the general allegations and specific leveled against the husband and other family members and accordingly find out the relevant judgments on the issue . I attempted in searching the judgments day and night, on the proposition related to dowry law ,i.e. 498a, but couldn’t find it in our favour. Patience is the key. Then next day, I restarted researching on ratio ,found out the judgments and Just before At the stage of final arguments, cited the relevant judgments before the court, that lead to an acquittal. That was the pride moment for me in assisting senior and in adjudicating the matter.
It is undoubtedly a fact which cannot be ignored that apart from senior lawyers, in an advocate’s life Role of clerk also plays a vital role in building up the career of a lawyer. Clerks are invaluable.
They inculcate practical knowledge pertaining to court filing procedures/inspection of files in courts /High Court/ Supreme court inter alia. I remember Jitendra Kumar (who is now an advocate) is one such person who throughout has aided me in this particular field .
ROLE/ IMPACT OF SENIOR COLLEAGUES IN MY LIFE –
I always keep the relationship with my seniors at the beginning of my career at a high pedestal. No matter how many times you seek help from them, they will clarify your doubts in every possible manner. I discovered it’s essential to be enthusiastic and open to learning new skills, asking for more work and being curious to learn and ask questions. I thank my seniors and acknowledge their indisputable efforts namely as Advocates Sugam Puri, Shikha, Kunal Raheja, Navneet, Khan, Shammy, Rahul, Jatin Sapra for rectifying my mistakes in drafting and other consequential areas.
Post 2015 and till 2021, I had worked with other seniors namely Advocate Vikas Arora, Ardhendumauli kumar Prasad (AOR) (AAG, UP), Sr. Adv S.R. Singh (Former Justice of Allahabad High Court), Advocate Arvind Kumar Shukla gaining abundance of experience in land , service, appointment, education, excise matters ,criminal , landlord tenant arbitral disputes, property matters. I cannot thank my seniors enough for giving me the opportunity to argue independently in various forums/courts.
The regular bail granted to my client I defended in the POCSO case is one of the major takeaways of my litigation that I cherish the most.
Not to forget the landmark judgment of supreme court in Swiss Ribbons case v/s Union of India that upheld the validity of IBC Code in 2018, A separate writ was filed from our office and that was tagged along with several other petitions) and the fate of the judgment decided in the main petition decided in other cases including ours. So, by virtue of the judgment delivered by the 3 judges bench, the matters tagged were disposed of, technically without listening to the side of petitioners, to which I think it shouldn’t have happened.
There are numerous cases which I can’t mention all of it here. So keeping it in short.
You mentioned working with Dr. Pradeep Kumar Rai, Vice President of the Supreme Court Bar Association. What were some of the most valuable lessons or experiences you gained during your time with him, and how did it shape your legal career?
Since I already had experience working with Senior Advocate and briefing seniors on earlier occasions, prior to joining him, it was like a cherry on cake for me. Before becoming Advocate on record, I worked there as a senior associate and handled a variety of matters of the Supreme Court, District Courts, Tribunals as well. One of the memorable experience with him was that as soon as I joined his office in the year 2021, I got the opportunity to brief a criminal matter before Vikas Singh, the then President of Supreme Court Bar association, led by Pradeep Sir. It was an enthralling experience to assist and brief Vikas Sir in the criminal matter. As a young lawyer, it is the duty of him/her to rise to the occasion and see to it that the faith and trust of the Senior should not be shaken. Briefing and assisting senior is two different aspect altogether. The sharpness of mind, argumentative skill, confidence, organized, persuasive, intelligentest are the components of becoming a sharpened advocate.
Amongst so many valuable lessons taught by Pradeep Sir, one of them out of so many of them was:
‘Never do work half heartedly, do it wholeheartedly and with confidence’, Such words motivates you to do better in the longer run. Some of the things that I have learned from him would play a vital part in my long journey in the field of litigation. Essential things before briefing a senior advocate
For E.g. Reading the facts in a crisp manner, make sure to note it down if you are not capable of grasping it initially, note down the provision/law, if any involved pertaining to that case, qua the judgments in your favour or against you, make yourself aware about the day to day judgments of various High Courts/tribunals/forums and of course, of apex court, briefs has to be shorter, highlight the main ground of the case and so on so forth. It is true to say that recognition as a lawyer in the legal field is the prominent one. The face value and the recognition that I had received as a junior of Pradeep Sir is invaluable. It is something which doesn’t last but you have to create your own name to sustain in this profession and that is exactly what happened after working with sir and post clearing advocate on record examination in 2023.
One of your recent achievements is becoming an Advocate on Record at the Supreme Court of India. Can you tell our listeners about the significance of this accomplishment and the responsibilities that come with it?
As a first generation lawyer, It is a matter of pride, honour, privilege to become a reputed part in the highest court of country
Nowadays, the debacle of professionalism and ethical standards dropping day by day in Advocate on records has seriously concerned the judges of supreme court. AOR has much more onus rather than merely signing of the petition. On behalf of the party, an Advocate on Record can file a petition, draft an affidavit, file a Vakalatnama, or any other application at the Supreme Court. A registered clerk assists AOR in procedural aspects.
The court not only requires AORs physical presence but effective assistance from AOR is also required. He is a seeker of justice for citizens of this nation. An AOR is much more accountable than a senior advocate , who is responsible for whatever is written and pleaded by putting his appearance to maintain solemnity of court records. The institution of Aors is to facilitate working of court as mentioned in Order IV Rule 6 of Supreme court Rules.
For the first time, as an intern I entered the premises of Supreme court in the year 2011, at the time of pursuing law (4th year), vacation bench was presiding In the court no.1 where bench of former CJ S.H. Kapadia and J. Altamas Kabir were taking up the urgent matters, I was awestruck seeing the arguments by some of the senior lawyers at that time and then I had decided in my mind that I will soon practise here.
Let me tell you firstly about the Advocate on record examination. Every year the Supreme Court of India conducts an Advocate on record exam for the lawyers who want to establish his/her own practice in the Supreme Court. It is one of the toughest examinations in the fields of law attempted by numerous lawyers. Precisely to say every year around a thousand lawyers/aspirants having an experience over five years or more, so, write this lengthiest exam. And only a few could crack this examination. Consecutively, in Successive years 2021 and 2022 examination approx. 500 lawyers have become advocates on records, prior to this, the numbers were very minimal. At Personal level, the Significance of this accomplishment becomes imperative for two majorly reasons :- Firstly, a non- legal background lawyer cracking this examination, Secondly, it was essential for me to make my name and register it in the Supreme court, by hook or by crook and I did it in the 3rd attempt. Failing in the last two attempts given in 2018 and the post covid, in 2021 were depressing years. Then I found a ray of hope and flushing out all my negative approaches, appeared again and cleared the AOR Examination in my 3rd attempt. They say ‘TRY TRY UNTIL YOU SUCCEED’.
Could you share some insights into your daily work routine and the challenges you face as a legal professional, especially when dealing with cases in the Supreme Court and High Court?
From the past year, I am into independent practice, the timings are a bit relaxed. Prior to this, it was bit hectic and as it should be since a fresher/junior during commencement of his/her practise either in litigation or at corporate, whatsoever the field may be, is supposed to do constant hard work, to be persistent in carrying out various tasks of various courts in order to succeed in legal profession and that’s exactly just like others I had followed the same.
I wake up, have breakfast, drop my kids to school and then rush to the court in early hours as I don’t want my cases listed to get automatically Passover and then to wait for the whole day for my matter to reach. By this way, reaching the court, either its High court or Supreme court or any other district court, I avoid traffic congestion. You have your whole day once I am done with my matter. This is the kind of work I learned at the initial stage of my internship and then carried it off in my early stages of litigation practice.
Above all this, Fitness plays a significant role in shaping my legal career. I have become more focussed, punctual, more energetic, less impulsive after doing some workout in late evening.
Our routines become ingrained in our brains. They are made up of a series of habits. Changing your work routine is difficult, for it requires tackling many habits.
In your extensive career, you’ve handled a wide range of cases and legal matters. Are there any particular cases or moments that stand out as particularly memorable or challenging for you?
From 2012 till mid 2023, I have had encounters with multiple cases in criminal side, civil side, corporate side as well, both at district, High Court and Supreme court. My memories with each case are very special because of which I grew as a lawyer and as an individual , I not only thrived for social justice but also embraced life long learning.
I find matrimonial disputes and child custody cases are the most challenging ones, since you have to fight tooth and nail to defend your client whether it’s a husband or a wife, or the case relates to custody of a child. Mediation plays a vital role in settling the disputes between the parties. There was such a peculiar case where I was representing husband, a retired IAS Officer in multiple cases filed against my client by his wife who was also an retired IAS officer, that is to say, maintenance u/s 125 CRPC, Domestic violence case under section 12, and FIR was already lodged u/s 498a. They were into court battles for so many years and the remedy I could see was through mediation. However, in a number of dates fixed for mediation, the matter could not be solved and it went back to court again and now its sub-judice. So many sittings in mediation and yet marital conflict- issues involved between both aged parties remained status quo and didn’t sorted it out.
For instances some of the cases I assisted and as independent counsel argued for are listed below : –
Acquittal of husband/client in false dowry demand case (u/s 498a, Sec 2/3 DOWRY Prohibition act)
12 Writ Petitions before Delhi High Court against setting aside ex parte order of labour court, filed on behalf of management company to reinstate services of labour from date of their termination along with back wages – notice was issued and Settlement arrived between both management and employees at Later stage.
Statutory Bail granted under POCSO Act
At present, I am handling various arbitration matters with land acquisition, both at district level and high court level, which is a bit complicated but intriguing also.
Given your experience in the legal field, what advice would you offer to law graduates or young lawyers who are just starting their careers in law? What key principles or values have helped you succeed in your journey as a lawyer?
Nowadays, a career in law opens up a plethora of possibilities. Firstly, the law graduates/young lawyers should explore career options and must be decisive in their choice of practise whether its litigation practice, (civil side or criminal side), law firm, corporate practise, judicial services , academics and research, Public prosecutor, Judge Advocate General (JAG ) Officer.
Learning to practice law can be daunting sometimes and it takes some time for junior lawyers to comprehend the technicality and procedural court work. Don’t disheartened, discourage and lose your heart if you are unable to understand the functioning of the courts. You will get it through your sheer hard work, by dint of persistence, self determination. Moreover, read the judgments of supreme court, High courts, Tribunals etc. to enhance your knowledge on various laws discussed in several judgments. Any case, in a free time, if you don’t have anything to do, or not in a mood to research, then peruse constitutional law judgments. Establish your IQ more on constitutional aspects. By reading judgments, you merely not only improve your legal vocabulary, it gives you a better understanding of the law and the legal idioms/ phrases that is being used in the judgments, you can learn it also by continuously reading it. All these you can put it in drafting and in your communication skills which further cultivates in honing your argumentative skills before the court.
You can regularly read whether from online legal search engines or from journals, depending on your preference. In this age of technical advancement, one can now easily access and also learn the art and craft of legal arguments/submissions made by legal luminaries in constitutional hearing matters.
I have come a long way from being a mediocre law student to a lawyer holding the highest position in the Supreme court. I have always been a keen learner, enthusiastic, and determined person. Giving the best in your profession and Being an honest to your profession has been my primary goal. Time management is the key to success. Value the time. I valued the time at each interval of my litigation practice. My next advice would be ‘value the time, don’t waste it. Time won’t come again. Take baby steps at once and keep working hard, success will come your way, if not today, then in coming years.
“AT ANY STAGE, DO NOT UNDERVALUE YOU, UNDERESTIMATE YOURSELF, UNDERMINE YOUR SELF BELIEF, UNDERMINE YOUR SELF DETERMINATION”
As the founder of your own law firm, “Chambers of Kunal Yadav,” what motivated you to start your practice, and what are your goals and vision for the firm’s future?
I am sure that every law student / graduate lawyer has this huge dream of having his/her own law firm. Mostly , some of them initiate the setting up of a law firm, right after graduation , some of them don’t start them at all. While few of them start a bit late. In today’s competitive environment, it’s a challenge for even the most qualified lawyers to maintain and grow a successful law practice in India.
I have quite an experience in various law firms based in Delhi and after witnessing the positive growth of associates , working under a good leadership, thus in a positive environment and working cultures of those litigation law firms, I took the decision of having my own firm. Who doesn’t want to be his own boss , right ?
I had thought of establishing and commencing my own firm some day. Before leaving the last office where I worked, I had completed 10 golden years in the legal profession. As of now It has just been a year as an independent practitioner, let’s see how and where this wind goes .
I always believe that a healthy environment in the law firm should sustain rather than a toxic environment.
As a founder of my new firm, I am looking for new avenues, new recruits which would aid in taking the firm to greater heights.
You have an extensive legal career with experience in various roles and different areas of law. can you share the story of how you got started in law and what motivated you to pursue a career in the legal field?
Choosing a career path is often a journey of self-discovery, and mine was no exception. My initial plan was to pursue journalism. I have always been an unabashed talkative soul, fuelled by a desire to communicate and express myself. I have always been fascinated with languages, especially English, Hindi, and German. So, the power of words and the art of expression held a special place in my heart. Political science was another one of my favourite subjects. All of this felt like the perfect backdrop for a successful future in journalism.
Right after my last board exam, my parents suggested that I explore the field of law, in addition to pursuing a career in Journalism. At first, I was somewhat hesitant. But as they say – curiosity is a powerful force. As I delved into the subjects covered in law entrance exams, a transformation occurred. Legal concepts and the intricacies of the justice system began to grip my imagination. The more I learned, the more I realized that law had the power to shape societies, challenge injustices, and, most importantly, provide a platform to voice my convictions.
So I decided to take the plunge and appear for law entrance exams. To my delight, the study of law ignited a profound passion within me. It wasn’t merely an alternative path; it was a calling I couldn’t ignore.
I achieved a commendable rank in the Delhi law entrance exams, and got my admission to Amity Law School, Delhi (Guru Gobind Singh Indraprastha University). At that time i.e. in 2007, Amity Law School, Delhi was recognized as the 7th best law college in India.
My decision to enter the legal profession is not solely rooted in academic interest; it’s also deeply intertwined with a rich family legacy that has shaped my aspirations. From a young age, I heard captivating stories about my grandfather (Dadu), the late Sh. Jadhugopal Majumdar, who was a renowned criminal lawyer in Bangladesh. Unfortunately, I could never see him in person but his reputation as a legal luminary and his unwavering commitment to justice made a lasting impression on me.
In addition to my grandfather, my family boasts another legal stalwart in the form of my father’s maternal grandfather, the late Sh. Sharatchandra Sengupta. His brilliance in the legal profession was so evident that people at that time used to admire him as the sharpest of lawyers in Bangladesh. He selected my grandfather as his son-in-law, recognizing the extraordinary talent and dedication that ran in the family. The union of these two legal luminaries not only enriched our family history but also cemented the importance of the legal profession as a cornerstone of our legacy. Many of our family members hold a firm belief that, following in my grandfather’s footsteps, I have the potential to carry the torch forward.
How do you manage and oversee a diverse team while handling cases across different locations in your current role as the Founder of the Law Office of Paromita Majumdar?
I firmly believe that effective leadership begins with personal growth and capability development. To lead a team successfully, one must first become a credible individual that others can look up to. A leader must lead by example and by themselves demonstrating the values they expect from their team. It’s a principle I hold dear and consider fundamental to any leadership role. This not only builds respect and trust within the team but also provides a solid foundation for effective leadership.
I also believe that as a senior, you should be well-acquainted with the unique strengths of each of your team members. In a dynamic place like Delhi – where there are numerous courts and tribunals to be covered in a single day – it is important to be able to delegate tasks to the team strategically according to their expertise, capabilities and interests. It’s a practice that not only enhances our productivity, but also encourages their personal and professional growth.
However, I won’t sugar-coat the challenges of managing an inter-city legal team. It demands trust, self-discipline, constant evaluation, follow-ups and introspection. The demands of this profession can leave little room for your personal life. Yet, amidst these complexities, there is a deep satisfaction in doing what you love.
I especially relish being involved at every level, from coordinating with associates outside Delhi to personally representing our clients when required. Stepping out of my comfort zone and practicing in courts outside Delhi has been particularly fascinating. While Delhi has always been my primary place of practice, I have a deep appreciation for the unique procedural intricacies of other cities. I love making professional bonds with lawyers practising in different regions of the country. These bonds prove invaluable when our clients require representation in cities beyond Delhi.
Time management in order to make the travel plans is another challenging aspect, sometimes when I have to attend a matter outside Delhi, and there are matters also listed in Delhi Courts, that is when my immediate team in Delhi comes to the rescue.
In essence, managing a legal practice and a dedicated team is a dynamic and intricate process. It requires a shared commitment to delivering the best service to our clients, a willingness to adapt to new situations, and the ability to work together, even when geographically separated. The satisfaction of this journey is not only in the legal victories but also in the bonds forged and the sense of purpose that drives us forward.
Your career includes experiences in different law firms. How has each experience contributed to your growth as a legal professional, and what key takeaways have you gained from working in various law offices?
My path in the legal profession has been a unique and purpose-driven one, guided by a dream to practice in the top court of the country. From the outset, I harboured an ambition to argue cases in the apex court, even without fully comprehending the need to lay a robust foundation in the lower courts first. After graduating, I approached Madam Bina Madhavan, a well-respected legal practitioner, and expressed my desire to work as a chamber junior in the Supreme Court. However, Madam Bina Madhavan provided me with invaluable guidance. She emphasized the importance of acquiring a profound understanding of the trial courts and the fundamental legal procedures before setting my sights on the apex court. Her wisdom resonated with me, and I am forever grateful to her for steering me in the right direction.
And so, I embarked on a journey of exploration and self-discovery. I joined a chamber in Tis Hazari court, Delhi, and spent a significant period, nearly two and a half years, practicing in the District courts of Delhi. During this time, I immersed myself in a diverse array of cases, including bail applications, matrimonial disputes, cheque bounce matters, cases of cheating, theft, and more. This first-hand experience equipped me with a well-rounded perspective on the legal profession.
Crucially, my time in the District courts exposed me to the nuts and bolts of legal work, which I consider essential for every lawyer. Beyond courtroom appearances, I mastered the art of filing, navigating and rectifying procedural defects, re-filing, handling PFRC work, ensuring the proper service of summons and warrants, and the meticulous process of preparing bail surety bonds. It became evident that the role of a lawyer encompasses far more than courtroom advocacy, and I embraced this holistic approach to the profession.
In 2014, I took a significant step towards my dream when I joined Mr. Ankur Mital, an Advocate-On-Record. He generously provided me with the opportunity to assist him in my first matter before the Supreme Court. This experience was akin to taking my first significant step towards my long-cherished goal.
Subsequently, in June 2015, I joined J.S. Wad & Company, a well-regarded Advocate-On-Record office in Delhi, further deepening my understanding of the legal intricacies involved in Supreme Court practice.
From 2018 to 2023, I extended my horizons by associating myself with various law firms in different capacities. This enriching experience allowed me to continually evolve as a first-generation lawyer, discover my true passion, and build a well-rounded foundation in the profession. After 11 years of hard work and learning, I started the Law office of Paromita Majumdar (LOPM) in June, 2023 and have been enjoying the journey till now. Ups and downs are part of the profession; all days are not good days however there is a different kind of mental satisfaction which I get by doing my own work in my own way. I have a wonderful team of associates who are always ready to accept and meet any kind of challenges that are thrown at them be it late night drafting, urgent filing or handling a difficult client or any complicated legal research. Hence I am glad to have my team which is very supportive and never lets me down in situations of crisis.
In essence, my journey reflects a deliberate and dedicated approach to the legal profession. I granted myself the time and exposure needed to learn, grow, and discern my true calling within the legal landscape. Today, I stand before you as a lawyer deeply committed to the pursuit of justice and equipped with a multifaceted skill set, honed through diverse experiences and unwavering determination.
You have worked on a wide range of cases, from civil and commercial matters to bail applications and demolition cases. Can you share a memorable or challenging case from your current role and you approached it?
When one practices at the pinnacle of the country’s legal system, encounters with idiosyncrasies become an inherent aspect of the profession. In such a realm, parties often find themselves at the culmination of their legal journey, having exhausted all available remedies and received unfavorable rulings from lower courts. It is in this ultimate juncture that they turn to the apex court, hoping for some relief. The most formidable challenges arise in cases where petitioners apprehend to get arrested at any moment or the impending demolition of their properties.
In these urgent scenarios, time becomes a scarce resource, and the preparation of Special Leave Petitions (SLPs) is a task that demands overnight dedication. The immediate pursuit of a hearing becomes paramount, leading to SLPs being drafted hastily and filed the next morning. Amidst these high-pressure circumstances, a particular case from my initial days of independent practice stands out—a case which brought me some recognition in the Supreme Court of India.
This memorable case involved individuals hailing from economically weaker section of society, struggling with demolition notices issued by the Municipal Corporation targeting their homes. Initially hesitant due to strong adverse observations from the High Court, I eventually acceded to their persistent requests and filed SLPs on an urgent basis.
The pivotal moment arrived on the day scheduled for the houses’ demolition at 2:00 PM. At 10:30 AM, positioned at the top of the mentioning list in Court No. 1, I presented the matters before the Honorable Chief Justice of India. Describing the urgency and gravity of the situation, I sought the court’s intervention. The Honorable CJI, acknowledging the exigency, graciously granted a 3-day stay order, providing a temporary relief until the matters could be heard on their merits.
Those 72 hours proved crucial, affording the petitioners a breathing space to fortify their case and secure the services of a senior advocate. Although the SLPs were eventually dismissed due to technical reasons, the experience proved to be a defining and challenging chapter for both myself and my team. It not only showcased our dedication to justice but also served as a testament to our resilience in the face of adversity.
You have empanelled with private companies as their legal counsel, handling due diligence, drafting agreements, and advising on legal issues. What are some common legal challenges companies face in their day to day operations, and how do you assist them in addressing these challenges?
I am a legal counsel for some mid-level NGO’s, IT firms and builders. A prevailing concern among the IT enterprises revolves around challenges emanating from employment contracts and the safeguarding of confidential data. A recent case which I am dealing exemplifies the ramifications of a poorly drafted Non-Disclosure Agreement, wherein the company incurred substantial losses. An ex-employee exploited the inadequacies in the agreement, absconding with confidential data, the company laptop, and important softwares, collectively valued at over 10 Lakhs. Civil and criminal proceedings have been duly initiated against the said employee by my office.
Besides, Trademark clashes also stand out as another recurrent issue for such companies. We often are required to draft cease and desist notices, responding to instances where similar marks are utilized by other entities in the same class of services.
On the builder’s front, a pervasive challenge pertains to project completion issues, often resulting in legal actions instigated by aggrieved home-buyers. I recently aided a distinguished builder in Mirzapur to effectively abandon a project, rescind all allotment letters sans legal repercussions, and resolve outstanding litigations. My approach pivots towards proactively seeking solutions rather than dwelling solely on challenges. The overarching goal is to position the client in a win-win scenario, maximizing outcomes with minimal investments.
Apart from handling the litigation and Arbitration work, my practice extends comprehensively to cover a spectrum of contractual work crucial to these businesses, including franchise agreements, collaboration agreements, and more. Emphasizing the importance of articulating clauses with precision to avert ambiguity, my office diligently ensures the legal instruments align seamlessly with the client’s objectives.
Moreover, recognizing the aversion to protracted legal battles, our clients often seek preventive actions to avoid visiting courts. Most of my clients seek my opinion before entering into any agreement or any kind of arrangement with any party in order to avoid any future conflicts. These facets summarizes the multifaceted support my office extends to the companies with which we are currently empanelled, underscored by a close and collaborative working relationship that occasionally leads to on-site visits for document reviews.
In your role at Legacy Law offices, you managed the dispute resolution team and handled arbitration cases, could you elaborate on intricacies of Arbitration , especially in the context of construction contracts and share any notable cases or challenges you encountered?
Arbitration holds a special place in my legal affinity, primarily due to its non-adversarial nature, emphasizing meticulous evaluation of contractual clauses by an impartial arbitrator. In the realm of construction contracts, arbitration has emerged as the preferred method for dispute resolution. Common issues in construction disputes encompass aspects like payment disputes, contract scope, design discrepancies, quality and safety concerns, and losses incurred due to unforeseen events, such as Acts of God.
In the constitution of arbitral tribunals for construction disputes, parties are choosing a judicious blend of technical and judicial members. This ensures that the tribunal comprises individuals possessing a comprehensive understanding of technical intricacies related to construction projects, often including retired government chief engineers and architects etc. Remarkably, detailed dispute resolution mechanisms are now integral components of construction contracts, tailored to the unique demands of each project, promoting efficiency in both time and cost.
Notably, these contracts often incorporate multi-tier dispute resolution processes, encapsulated in escalation clauses. For instance, a Nego-Med-Arb clause may stipulate a sequence of negotiations, formal mediation, and ultimately binding arbitration. In instances where negotiation, conciliation, or mediation fails to yield resolution, parties often progress to binding arbitration.
In India, the Arbitration and Conciliation Act, 1996, governs the procedural aspects of arbitration. This legislation provides clarity on arbitrator appointment procedures, interim relief from courts or arbitrators, judicial interventions, and the setting aside of arbitral awards, encompassing both domestic and international commercial arbitrations. A nuanced understanding of this Act, coupled with the specific dispute resolution clauses within the contract agreements, forms the pathway to effective dispute resolution.
I remember a particularly intriguing arbitration case involving the Food Corporation of India, concerning the construction of food grain silos, a mere ambiguity in a clause led to unreasonable delay in appointment of the Arbitrators and multiple petitions under Section 9, 11 and Section 14 before the Hon’ble Delhi High Court. Meanwhile, our client’s bank guarantees were also encashed. The crux of the matter revolved around whether the reference to certain rules in the clause was mandatory or if parties had the flexibility to mutually choose alternative rules. Ultimately, a three-member arbitral tribunal was appointed by the court, and the disputes were successfully referred to arbitration.
During my tenure as Associate Partner at the Delhi office of Legacy Law offices, I had the privilege of leading a dynamic team in dispute resolution under the astute management of Mr. Gagan Anand, Managing Partner, and Ms. Sadiqua Fatma, Senior Partner—both exemplary mentors. Under their guidance, I navigated several compelling arbitration cases and secured favorable awards for our clients.
A pivotal moment in my professional journey unfolded when I argued on behalf of a contractor in arbitration proceedings related to the construction of a tunnel in Jammu and Kashmir. While the award favored our client, it currently faces challenges before the Hon’ble Delhi High Court. The crux of the matter revolved around a project suspension, an action not expressly covered in the contract. Despite the withdrawal of a writ petition challenging the suspension, the authority attempted to reopen the issue before the learned sole arbitrator, a move promptly disallowed.
In addition to the tunnel project, I’ve had the privilege of handling various arbitrations involving the construction of tunnels, roads, silos, bridges, and dams, each presenting unique challenges and opportunities for resolution
You have briefed and worked with renowned senior counsels in the Supreme Court of India, what is it like to collaborate with such eminent legal professionals, and how does this collaboration influence the outcome of cases?
During the period spanning from 2015 to 2019, while employed with an AOR (Advocate on Record) firm, I routinely found myself in the privileged position of briefing esteemed senior counsels in India, such as luminaries like Mr. Mukul Rohatgi, Dr. Singhvi, and Mr. Kapil Sibal. Engaging in conferences with these legal stalwarts provided me with a unique opportunity to closely observe their cognitive processes and strategic approaches to various cases. In the presence of such legal luminaries, direct instruction was often unnecessary, as their methodical application of law and logic served as an invaluable educational experience for me.
Collaborating with these eminent seniors bestowed upon me the profound advantage of assimilating their distinctive thought processes. Witnessing their adept and precise application of legal principles not only enriched my professional skills but also cultivated a deeper understanding of the nuances within the legal profession. The result-oriented nature of our conferences necessitated the seniors to expeditiously apply their theories and logics to legal questions, formulating effective solutions and strategies customized for the upcoming hearings.
I remember, in a case where we were unable to formally brief Mr. Rohatgi due to his demanding schedule, he reassured us that he would grasp the matter during the court proceedings. Positioned outside the courtroom, with our matter just 10 items away from its turn, I was taken by surprise Mr. Rohatgi appeared suddenly and asked me for a concise overview of the five crucial points of the case, I swiftly adhered to his instructions and provided the briefing within a mere five minutes.
I literally wondered, armed with this brief yet comprehensive understanding of the matter, Mr. Rohatgi entered the courtroom and adeptly presented those five points before the bench. The outcome was a stay order secured promptly for our client. As a budding legal professional, these instances became invaluable take-home lessons for me. Similar encounters with other senior lawyers further compelled me to refine and streamline my approach to applying legal reasoning whenever confronted with a complex legal issue.
Finally, what advice would you give to aspiring lawyers looking to specialise in specific areas of law like business law or arbitration?
My first and foremost advice to aspiring lawyers is to invest ample time in evaluating their areas of interest before making any hasty decisions. Particularly for first-generation lawyers, patience is paramount. The legal profession demands a profound commitment to reading and comprehending the practical dimensions of the law. Reflecting on my early experiences, a seasoned colleague once wisely remarked that the five years of legal education merely serve as a ticket to the movie—the true narrative unfolds when one enters the realm of actual legal practice. There is a huge difference between the theoretical studies and the realities of actual legal practice.
Furthermore, I urge young lawyers to prioritize reading the law thoroughly before dispensing advice to clients. A proficient lawyer is, above all, a diligent reader. Repeated readings of a document can lead to different interpretations, highlighting the nuanced complexity of legal matters. Staying abreast of the latest Supreme Court rulings and legislative amendments, attending seminars, and engaging in continuing legal education is crucial. Being well-versed in the current legal landscape allows you to confront situations armed with the knowledge of prevailing laws, enabling you to apply them judiciously to the specifics of a case and determine the optimal course of action.
When delving into business laws and arbitration, both of which involve extensive document analysis, it’s essential to recognize the inherent significance of each document. In arbitrations, voluminous files are commonplace due to the fundamental role of document interpretation. Understanding the intricacies of a case and securing a favorable order or award for your client hinges on a meticulous examination of these documents. Notably, many of these documents are crafted by corporate entities through their in-house legal advisors, rendering the identification of loopholes challenging. A thorough and patient analysis of these documents is the key to navigating and finding solutions in these intricate areas of law. My last advice would be to always uphold the highest ethical standards in your practice. Integrity is crucial in building trust with clients, colleagues, and the legal community. By steadfastly adhering to the principles, you not only preserve your personal integrity but contribute to the overall credibility and trustworthiness of the legal profession.
Can you share your journey of becoming an Advocate on Record and your motivation to specialize in Criminal Law, as evidenced by your LL.M. in Criminal Law from the Indian Law Institute?
I am a first generation lawyer, nobody even in my distant family belongs to or is associated with a legal background. After pursuing my B.A.LL. B (5 years integrated course), I wanted to pursue LL.M. to add to my resume; as I come from a medical background and always had an inclination towards higher studies. After clearing a few entrance exams for LL.M., I opted for Indian Law Institute. There were two branches available for masters one being IPR and the other Criminal Law. As I always had a thing in me for litigation, I chose the latter. I was lucky enough also to have the finest professors teaching us.
Advocate on record also was something which emerged from the fact that I am a first generation lawyer, as with no assistance or guidance I felt that clearing the AOR exam will help me in establishing myself in the Hon’ble Supreme Court, as the Hon’ble Supreme Court recognizes only two sets of advocates: i). Senior Advocates and II) Advocate on Record; as per the Supreme Court Rules.
You’ve written a dissertation on “Pardoning Power of The President Article 72 Of The Constitution Of India.” What led you to choose this topic, and what were some key findings from your research?
The topic for my dissertation again culminates from the fact that I have keen interest in the sphere of criminal law. It was intriguing to know the development from the death penalty being given very commonly to the rarest of rare cases and thereafter the effect of the Mercy Petitions as we call the power of the president under Article 72 of the constitution of India. Research included the recommendations of the Law Commission Report and study of the death penalty across the globe.
In addition to your specialization in Criminal Law, you’ve also written research papers on “Juvenile Justice” and “International Law in reference to Right to Food.” How do these areas of study tie into your legal career and advocacy work?
The best part to pursue masters from the Indian Law Institute was that we had to submit various papers during our course and this apparently helped me to have better research skills which eventually helped me and till date helps me by inculcating the habit of researching some case laws on a daily basis; it also helped me to develop patience to read lengthy judgments and keep myself updated with the latest developments in legal field.
Your professional experience includes working with Designated Senior Advocate. Could you tell us about your responsibilities and experiences during this period and how they contributed to your legal career?
During the brief stint of period I was associated with the senior, I was assigned duty to research and prepare statements of cases. I was also given free hand to deal matters before the Registrar Court in the Hon’ble Supreme court. The exposure that I witnessed was essential for me to understand the knitty-gritty of the profession; also it helped me to understand the court craft. I also got an opportunity to listen and observe some of the finest advocates which helped me a lot to learn by observing the Art of advocacy; skill of argument, to learn the importance of body language, etc. and how one should conduct themselves during an argument.
You’ve represented the Government of India and the State of NCT of Delhi before the Supreme Court. Can you share some memorable cases or experiences from your time as a ‘Panel B’ advocate for the Union of India?
Being a panel counsel gives one immense exposure, as we get a chance to represent different States, Central Government and various PSU’s. The maximum litigation that occurs in supreme court is wherein the government is a contesting party and thus the government has huge stakes and so do we as we represent the government.
You’ve filed Public Interest Litigations and intervention applications in the Supreme Court, leading to legislative changes, such as the incorporation of provisions in the Consumer Protection Act. Can you discuss the impact of these legal actions on consumer rights and advocacy?
The PIL filed by me pertaining the consumer awareness was particularly at the time when there were infiltrations from the Chinese side at the border and as an aware citizen of the country i felt the necessity of the awareness of the consumer before purchasing anything by way of e-commerce as the decision of the consumer should be an informed decision. The data of this year again shows that there is a humongous loss to the Chinese government as the Indians had chosen the local products over the other products.
You’ve taught various law subjects as a visiting faculty. How has your teaching experience influenced your approach to legal practice and advocacy?
In our field everything is connected and as the proverb exists Knowledge is the power so would i say that while teaching i used to extensively study and prepare for the classes; this helped me as well to have a grasp upon the subjects. I would like to add here that law is a field where no amount of reading, be it related to legal field or otherwise, goes unused or un utilized. One may never know that when one gets to deal with a particular matter about which you must have read way back; but as there would be little knowledge about the same, that will give confidence to study more about it and take up the case.
As an accomplished legal professional, what advice would you like to offer to fresh graduates who are embarking on their legal careers or considering a specialization in law?
To all the aspirants who are keen to take up litigation, my advice would be that do not shy from hard work, develop a habit of reading, this will take you a long way. Develop discipline and patience. The field of litigation is not for the impatient. But I can surely say one thing from my own experience: having Patience and perseverance is of utmost importance in the litigation field. One should also try to have as I call them 3 D’s- Determination, Discipline and Devotion to not only sustain in this profession but these 3-D’s will help one to achieve great heights.
Sir, please tell us about your journey and how you ended up becoming a Senior Advocate designated by the Hon’ble Supreme Court of India?
This question takes me down memory lane. I recall it was the year 1985 that I enrolled myself in the Campus Law Centre of Delhi University’s Law faculty for a three year course in law. After a very fulfilling time on the Campus with academics and co-curricular activities like moot courts, I graduated in 1988 and thereafter started my legal practice as an associate with a leading law firm in Delhi. My quest for further studies continued and after working for one year, I was fortunate to get a scholarship which enabled a Master’s Programme in Law from Cambridge University. After completion of LL.M. in 1990, I got an invaluable opportunity of being associated with a Barrister in Lincoln’s Inn for a month and with a leading English Law firm for another month until October 1990, as part of the Pegasus Scholarship programme administered by the Inner Temple, London.
After returning from England in 1990, I resumed practice with the same law firm in Delhi. My heart was fascinated by litigation and I was desirous of having my own independent practice. I relocated to Lucknow in 1991 and started practice in the High Court, which helped me set up an individual legal practice. Thereafter in the year 2000, I decided to return to Delhi and start my independent practice in the Supreme Court. In the year 2001, I qualified as an Advocate-on-Record, which helped me greatly in setting up my practice in the Supreme Court, not only as an arguing counsel but also as one who would draft and file petitions, thus giving me a very valuable insight and experience into two vital areas of Supreme Court practice, namely drafting and presentation in court. After a few years of practice, the Hon’ble Supreme Court of India designated me as a Senior Advocate, which was a matter of great satisfaction and privilege.
With over 35 years of experience in Civil, Revenue, Constitutional, and Criminal Laws, can you share some memorable cases or highlights from your career that have had a significant impact on you?
There have been various cases I was privileged to have been a part of. I recall my association as Special Counsel of the Government of India and the Archaeological Survey of India in the Ram Janam Bhumi-Babri Masjid (Ayodhya) dispute before a Special Bench of the Allahabad High Court (Lucknow Bench). During the case, I successfully assisted the Court to resist impleadment of the Government of India as well as the ASI, which would have made the case more protracted and contentious. I was also involved with the case that eventually led to banning of the long standing usage of red lights and sirens on vehicles by VIPs, as also the Muzaffarnagar Riots case to do with relief and rehabilitation of the victims. In this case, in consultation with the Chief Secretary and Home Secretary of the State, I filed uncountable affidavits which were later affirmed and lauded by the Supreme Court as conscionable and affirmative action by the State. I can also recall instances wherein I have successfully argued and got stay of contempt proceedings initiated against various bureaucrats. There was yet another case, which was in relation to the Chief Minister necessarily signing each and every document and order of appointment on the file. The High Court affirmed this and acting on behalf of the State, I successfully challenged it before the Supreme Court, which till date serves as an important precedent in regard to the functioning of the Government and its departments.
As Senior Counsel to the Union Government and various States in the Supreme Court of India, you have represented Public Sector Undertakings, Corporations, Indian companies, and Multinational Corporations. How do you approach representing such diverse clients and navigating their legal challenges?
I think the most challenging part of the legal profession, which in fact also nurtures and sustains this profession, is the constant need to study, introspect and apply legal principles and precepts, as the law is not only a dynamic and ever changing concept, it applies in a myriad ways to manifold situations. That is the challenge as also the inspiration. Aside from my private practice, I have represented the State of Uttar Pradesh in the Supreme Court for 17 years as also other States such as the States of Odisha, Madhya Pradesh, Rajasthan and Jammu & Kashmir.
I have also represented the Government of India in the Supreme Court as well as Delhi High Court as their Panel Counsel. These experiences have been memorable, given the wide variety of cases and legal challenges. As always and till date, I enter the courtroom to argue a case as an optimist and walk out as a realist! When I receive the brief and study it, my mindset is one of an eternal optimist; however, the philosophy that I attribute to myself is to remain unattached to the result while putting in my best effort. Similarly for the briefing lawyer and the client who’s case I am espousing, they have to believe that the best possible effort was put in preparing and handling the case. My experience tells me that more often than not the result is good, and even when it’s not, it leaves the lawyer and litigant with the satisfaction that the best step forward was taken in the given circumstances.
You have argued various PILs (Public Interest Litigations) and are Senior Panel Counsel for the Supreme Court Legal Services Committee (SCLSC) and serve as Amicus Curiae in the Supreme Court of India. How does this role contribute to the administration of justice? Can you shed light on the work you have done in these areas and the impact it has had on society?
I believe that representing a voiceless cause or marginalized sections of society, or raising issues through PILs which have a bearing on society at large, or of those who are incarcerated in jails without any meaningful representation to secure their bail or release, is the most worthwhile and visible face of pro-bono and public oriented litigation. Over the years, I have sought to represent public causes in areas of disaster management and relief in ecologically sensitive areas, wasteful expenditure of public money with respect to government advertisements and parliamentary logjams in its functioning and holistic management of temples across India with respect to gender equality and management of funds. As regards the protracted imprisonment of under trials and the underprivileged sections of society, I have meaningfully and successfully represented their causes as Amicus Curiae and Counsel for the Supreme Court Legal Services Committee. I greatly cherish some of the notes of appreciation from convicted prisoners in jail upon their release.
Considering your vast experience and accomplishments, what advice would you give to fresh law graduates who are just starting their legal careers? What key lessons have you learned throughout your journey that you believe would be valuable for them to know?
I believe that both the written and spoken word are of infinite importance for any successful lawyer in the field of law, particularly in the highest and final forum being the Supreme Court of India. I have traversed the legal path with this philosophy and today I am fully convinced that these attributes would provide the cutting edge and success to every budding and even seasoned lawyer. In the Supreme Court, each day brings forth new challenges of success and failure, and I believe a lawyer can never be complacent in as much as success cannot elate you or failure ought not to demoralize your zeal, but helps to keep a successful and seasoned lawyer on his feet, based on the principle that a lawyer’s last case done is his reputation and while he cannot sit back on his laurels, he cannot be disheartened with defeat.
Can you share your journey into the field of law and what motivated you to pursue a career in this field, including your experience at the National University of Juridical Sciences (NUJS)?
I would say ‘Law’ happened by chance and it was not that I had planned for it for long. During Class 12, my parents came to know of law as a career from a friend of theirs. Once I started preparing for CLAT, the subjects that were offered grew on me, especially the sections on logical reasoning and current affairs. I enjoyed the preparations and was able to crack the exam that led me to my second home i.e. the City of Kolkata for the next five years. My parents were a constant source of encouragement during the preps. The only distant pre-existing link in my family with the field of law that I can think of is that my grandfather had been an Additional District Magistrate in the Bihar Civil Services.
Being at NUJS was an experience to cherish. For the first time I came into contact with peers from across the country. The different languages, foods, habits, it was an in-depth lesson in learning about the diversity of India. It was not too hard to make friends, as I was always an ardent participant in different extracurricular activities. There was a thriving atmosphere of Sports, Cultural events in college apart from moots and debates that developed the competitive spirit in all of us. NUJS was also popular in hosting the largest sports fest among law schools “INVICTA”. I had the honour of leading the fest in my 4th year as Convenor which also instilled a sense of leadership, and also won a national level moot court competition. These qualities did come in handy at the time of branching out with my independent practice.
As a first-generation advocate, can you describe the early years of your career? What were some of the challenges you faced, and how did you overcome them?
The early years as an independent litigator were certainly challenging. There would be days when I would have no briefs in hand and I would wonder whether I took the right call to branch out this early (merely 2 years into my career). However, whenever you sense the overwhelming cloud of despair, every time there does emanate a beacon of hope from somewhere or the other which consolidates your belief to keep going further, into the path of uncertainty you’ve chosen. That beacon of hope may be from an entrepreneur friend who was looking for a lawyer to his start up, or the relative who had familial property issues to sort, or the acquaintance looking for advice on a will. The only way to overcome these initial challenges, in my experience, is to keep networking, and meet new circles of people. Social gatherings are also a healthy way to make new clientele, who knows what’s on the mind of a fellow invitee looking for quick and free legal advice!
For the initial two years after college, I had worked with a college senior of mine Mr. Ankur Sood, Advocate on Record. His office helped me inculcate nuanced drafting skills and the filing processes / preparation of a Petition thanks to his highly experienced clerk Sajid Ji, who would take me along to the various court registries to help me get a wind of what goes on behind the scenes of the glamour of the courtroom, and what all it takes to finally place a Petition on the Hon’ble Judge’s desk.
Your work spans a wide range of legal areas, from civil and criminal cases to intellectual property and arbitration. Could you share a few memorable cases or experiences from your career that have had a significant impact on you?
I would say that being part of the Delhi Legal Aid Services (DLSA) initially at Saket District Court and handling cases as a ‘Legal Aid Counsel (LAC)’ for economically weaker litigants in the initial years in a way shaped me as an Advocate and emboldened my commitment towards the profession. The glee and the gratitude in the eyes of mothers on being told that their son had been acquitted or had got bail was very gratifying. Obtaining orders for domestic violence victims being awarded interim maintenance was also equally pleasing. It made me realize the social importance of our profession, and the impact it can have on the lives of thousands, that the long helping hand of law is not too far from any person in our society.
Obtaining a John Doe order for a multinational publishing house in the initial years from the Hon’ble Delhi High Court followed by raids on the infringing publishers at Daryaganj was my first brace with big ticket litigation and a memorable learning curve.
During the Covid pandemic, there was this huge controversy about reduction in school fees as no physical classes were being held. I was approached by an Association of 250 ISC / ICSE Schools from West Bengal for obtaining relief from Supreme Court as Calcutta High Court had passed an adverse order directing the schools to charge only tuition fees, which was impractical as schools also had to pay salaries, other running expenses for the upkeep of their infrastructure. The High Court had also ordered for showing of schools’ balance sheets and appointed a committee composed of the Petitioners’ Advocate to address grievances of parents. The controversy was fostered owing to an absence of a fee regulatory body in West Bengal. We were faced with an onerous 3 judge bench in the Supreme Court with Justice MR Shah on it. However, we managed to obtain a stay order from SC, and for the next 12 months were a roller coaster of a journey dealing with an unpredictable bench of the Calcutta High Court which was passing contradictory directions at every hearing date at a frequency of 2-3 months. I also had to make frequent trips to Calcutta to attend the Court-appointed Local Commissioners’ hearings on behalf of the school management. Ultimately the Supreme Court gave a quietus to the issue as Covid had passed and all the directions were kept restricted to the Covid years alone.
During my tenure as a Counsel for the Union of India I appeared for the Department of Atomic Energy before the Appellate Tribunal for Electricity (APTEL) at New Delhi. The matter pertained to a demand of Rs. 289.59 Crores under the head “Grid Support Charges’ ‘ made by Govt of Telangana. After hearing arguments, the Hon’ble Tribunal was pleased to stay the said demand in favour of the Union of India holding that under Section 184 of the Electricity Act, 2003 exempted the Ministry or Department of the Central Government dealing with Defence and Atomic Energy from applicability of the Act.
You’ve represented various Central Government Departments and have extensive experience in litigation. How has your role as Senior Panel Counsel for the Union of India shaped your legal practice?
Being on the prestigious Senior Panel representing the Union of India has thrown open the window of opportunity to appear before the Delhi High Court on a daily basis before different benches. It adds to the sheer volume of briefs that you prepare for on an everyday basis and a rich experience to shape your future career. Each brief brings with it an unique point for consideration and the high stakes that come along with it. As a counsel holding a brief for the Union of India, you are expected to be on top of your game day in day out. The Hon’ble Judges expect you to be fair and well prepared as every new Petition on the Supplementary List starts with a Stay Application to oppose and the Government’s action to defend! Thus, one cannot afford to take any brief lightly. Usually, the new matters are marked to the Govt. Counsels the evening before, thus we only get that evening and next morning to take instructions from the respective Department and gear up for the admission hearing. It is thrilling, greatly satisfying and a big honour.
During the day in Court, we get to rub shoulders with Senior Advocates on the other side that adds to the challenge and gives you an added motivation to go to Court with your best prep forward. The sheer diversity of matters moulds one’s skill sets, one day it can be a Service Matter involving Promotion or Pension, on another day it may be Section 34 Challenge to an Arbitral Award, same day there may be a final hearing listed for a Miscellaneous Writ, on some days Tender matters, on some LPAs and Appeals against Tribunal decisions etc. Our younger crop of Panel Counsels also get enriched by the constant motivation and encouragement of our Seniors and Standing Counsels as well as Ld. ASG Sir who we keep crossing along the corridors of Delhi High Court and learning from their vast experiences.
You’ve been empaneled with organizations like GAIL (India) Limited, Delhi Development Authority (DDA), Council for the Indian School Certificate Examination (CISCE) and the Enforcement Directorate (E.D.). Can you discuss the importance of these empanelments and how they have contributed to your professional growth?
One must realise that empanelments are only a push to give you volume of work, which you are eligible for only after 4-5 years into your practice. The initial years preceding that eligibility period you have to really grind it out. I would say that is the gestation period. Empanelments help you get a good grip on a specific type of subject area, and some empanelments with retainers ensure a fixed income per month securing you financially. But you need to keep performing and maintain the standards otherwise someone else will take your place.
How has Becoming an Advocate on Record further helped diversify your practice?
It has given a foot in the door for establishing an independent Supreme Court Practice. Not that I have not been working on Supreme Court matters earlier. Thanks to my college senior Mr. Kunal Chatterji, AOR who had given me a volume of Supreme Court drafting to do in my initial years when I had branched out independently. His clerk Sukanta Ji also taught me the nuances of SC Filing Procedures, I will be forever grateful to them. Becoming AOR is one thing, but getting those AOR briefs for filing is the second step that follows. For this, it is important to carve out a network of lawyer colleagues from different states who can send you those SLPs, Civil Appeals and Transfer Petitioners. During our first orientation organized by the Supreme Court Advocates on Record Examination (SCAORA), Justice Sanjay Krishan Kaul who had himself been a AOR gave us all a golden advice to not be merely postmen but to read and give finishing touches to drafts that came our way so that the knowledge gained during the AOR Exam preps can be put to good practical use. Justice Kaul advised us to refrain from filing Petitions without reading them which holds good in today’s times.
You have also been involved with certain matters of political nature. Could you throw some light on them and their professional benefits?
I would say these are our social responsibilities. In the aftermath of the West Bengal Vidhan Sabha Elections of the year 2021, there was large-scale violence that broke out targeting the members, workers, voters of the Bharatiya Janata Party (BJP) who had voted / campaigned against the ruling Trinamool Congress (TMC). As soon as the results were declared, there were murders, loot, arson, and even gang rapes. Although the State of West Bengal has a history of bloody elections and many would declare such violence to be ‘normal’, however at some point of time that ‘normalcy’ must be questioned. In all other States elections are held peacefully, then why an aberration in only this one State. I was part of the team that appeared for the victims in the Hon’ble Supreme Court and Hon’ble Calcutta High Court. I would put in all nighters to draw up the pleadings explaining the gruesome incidents and plight of the families. Finally, the Calcutta High Court ordered a CBI probe into the various incidents.
Earlier this year, after the Municipal Corporation of Delhi (MCD) elections and appointment of a new Mayor in Delhi there were separate elections held for the 6 positions of the MCD Standing Committee which is voted by Councillors. Owing to a fracas in the house and expecting an unfavourable outcome, the Mayor who was a Councillor elected on an Aam Aadmi Party (AAP) ticket cancelled the elections and ordered re-elections even though the process had been completed and only results were left to be declared. The Hon’ble Delhi High Court declared the Mayor’s action to be illegal and directed pronouncement of the results immediately.
Being involved with political matters provides one a hand to work for the betterment of our systems and appear for MPs, MLAs and various leaders of the said political party. It gives one a platform to interact with such elected representatives and public personalities to learn from their world view, perspectives. Moreover, such matters often attract a lot of media attention and it thus gives one an additional edge and experience of regularly appearing in such media-friendly ‘high profile’ matters. I also have had the opportunity of assisting the BJP during election cycles, both at the National and State levels pertaining to Election Commission compliances which has helped cultivate different kinds of skill sets.
Finally, as someone who has built a successful legal career with diverse experiences, what advice would you like to give to fresh graduates who are entering the legal profession today and aspire to make a meaningful impact?
Foremost takeaway from what I have experienced, is to be patient and not be in too much of a rush. Yes, be ambitious but be practical as well. It is seen that many fresh graduates being carried away with the burst of information and content on social media attempt to have their hands in everything but end up not having a meaningful impact in either. The race is long and lawyers don’t retire. If one is sincere, dedicated and hard working, rewards will come, even if not today then certainly in the next few years down the line. What is essential however is to have in place a working culture and a disciplined lifestyle. Those abashed college years are over, in the real world a lot more is riding on every brief and your every appearance than just a few marks of a moot court competition!
Can you please share your journey from obtaining a B.A., LL.B (Hons.) degree at National Law University, Delhi, to becoming an Advocate-on-record at the Supreme Court of India? What motivated you to pursue a career in law?
There were no lawyers in my immediate family, in fact I grew up in the beautiful city of Bhopal which despite being the capital doesn’t even have a High Court. I took mathematics and science and it was only in my senior secondary year that law as a profession attracted me. It was my English teacher who saw my potential in law and suggested that I take it up as a profession. At that time little did I know that it would change my perspective towards society completely and give my life a deeper meaning and purpose.
I loved every bit of my time at National Law University, Delhi, it ignited a sincere passion towards law and people here were smart in so many different ways and fields. At NLU, Delhi, I was busy doing assignments, research work, internships, Moot Courts, Mediation & publishing articles. I had no clue that 5 years went by so quickly. I enjoyed mooting, I guess it came naturally to me, it gave my exposure at international level at Jakarta (Indonesia), Malaysia and Cape Town (South Africa). I was part of the Moot Court Organizing Committee and also Convener of the Student Welfare Committee at NLU, Delhi. When I graduated with a degree in law I was selected in western universities with partial scholarship & fee waiver and also at Indian Law Institute, Delhi for LLM (1 year program) but I chose to start practicing law and learn in the chamber and before the Courts.
Becoming an Advocate-on-Record was a necessity for me being a first generation advocate practicing at the Supreme Court. It was with God’s grace and years of chamber practice that I was able to attain this milestone in my very first attempt despite the challenges that came along with the way. When I cleared the AOR exam, Coronavirus (COVID-19) Pandemic was already here and that gave me an opportunity to pursue a master’s degree in law. I did my LLM in constitutional law and administrative law during that period. It motivates me that as advocates not only we contribute in the justice delivery system but also keep the faith of the masses in our wonderful system & constitution, despite the challenges, flaws and adversities.
You’ve had a diverse range of experiences in different legal chambers and roles. How didthese experiences shape your understanding of the legal profession, and what valuablelessons did you learn during this time?
In my final year of law school while interning at the office of Sr. Adv. Sidharth Luthra I realized that litigation at the Supreme Court of India is my calling. After enrolling as an advocate I joined the chamber of Sr. Adv. Rebecca M. John where I got an opportunity to work on leading criminal cases including cases involving heinous crimes, CBI trials, trap & disproportionate asset cases and many more. This gave me hands-on experience of addressing the court & arguing, drafting and filing, observing examination in chief & conducting cross-examinations and also further enhanced my court craft. After a year, I joined the Chambers of Sr. Adv. Gopal Subramanium, where I assisted him in variety of matters before the Hon’ble Supreme Court of India & other High Courts. Sir, dealt with various issues such as constitutional matters, writs, challenging varies of Acts, election petitions, criminal appeals, opinion on Delhi as State or Union territory, tender and mining cases, intellectual property matters & so on.
During this time as a chamber junior I learnt a lot about the legal profession, most importantly how to approach any case, how to extract facts and not only to simplify the most difficult situations/ facts/ documents but also to present it in a manner which is easy and effective to understand. Understanding of law is only one part of practice of law, its application on given facts as they come from the lower court, after various testimonies of witnesses and their cross examinations is not the same thing. It is only when you apply yourself to the given factual matrix and understanding of law, that you can unravel the truth and get justice for your client(s). Above all, never compromise with your professional ethics and morals. Give yourself a little grace, don’t have unrealistic expectations or look for magic to happen overnight, give it time. It takes years and its own time so just be honest, humble and diligent with your work and don’t lose patience or hope.
Could you tell us more about your interest in these specialized areas of criminal law,original suits before the Supreme Court of India (Suits between states) & river waterdisputes and how they have influenced your legal practice?
Criminal jurisprudence and penal law always fascinated me, perhaps it was the small town factor along with the media reporting where news reports covered major financial & heinous crimes regularly. They also covered interesting arguments of the lawyers appearing in those cases and opinions on its impact in general. Every student of law knows that bail is the rule and jail is an exception. There are so many cases where courts have emphasized bail should be granted, even recently by order dated 30.07.2023 in MD. Asfak Alam v. the state of Jharkhand & Anr. The Hon’ble Supreme Court reiterated the directions issued earlier and as well as other directions to emphasize unnecessary arrest should not be made & bail should be granted especially in cases where punishment is less than seven years. Thus given the grim situation we have there is so much one can contribute in the field of criminal law & more importantly I feel fortunate that I can actually help people get justice and live a life outside prison.
It is very important to resolve disputes that arise between states/ union & states for the integrity of our country. It is not only the government which is at stake here but also lives, peace and prosperity. When the suit is between two states which are equally independent and part of the same constitutional framework, the suit is instituted at the Supreme Court of India which has to find a solution and pass a decree. Similarly a life & prosperity depends on the river water availability and this gives rise to disputes where the upper riparian doesn’t provide the water to the lower riparian state. Such disputes are heard before the River Water Disputes Tribunal and where the claims of the states are heard and their shares are determined. They also lead to Original Suits for enforcement of agreements, power distribution, for seeking mandatory injunctions and for control & administration between the States &/ or Union. Both these areas have significantly influenced my practice as on one hand there are criminal cases and suffering of the individuals waiting for justice and to come out of prison and on the other hand issues that will affect millions of people in different states.
As a practicing lawyer, you’ve represented clients in various matters before the SupremeCourt of India and other high courts. Could you share a memorable or challengingexperience that had a significant impact on you and your career?
Early in profession I was approached to file a bail application, where client was arrested for the offence of rape. This one stands out in particular because I was able to get the client out on bail in one day from the lower court itself. We were able to establish that this woman was not only married to someone else and seeking settlement from her present husband but in the last 2 years she had filed over 5 complaints in different police station against different individuals alleging rape on the ground of false promise of marriage. Eventually case was quashed by the Hon’ble High Court. While I was legal advisor at National Commission for Scheduled Tribes, I came across this case where a tribal women was raped and police was not even ready to take her complaint, much less the registration of an FIR. This case touched me because it made me realize that despite 75 years of independence our forces are still in colonial hangover, where the station head officer feels he is the king & his word in the law. There is no audience for the downtrodden in his police station. With commission intervention police became active, FIR was registered and investigation was done, commission also recommended stern action against the erring police officials. In another case, I have a decree in my clients favor passed by the Hon’ble Supreme Court almost two decades ago but looking into the sensitivity of the matter and the geo-political implications, the Hon’ble Court was pleased to direct the central Government to play an active role to mediate the matter. This matter highlights the importance of mediation as all levels and parties should consider it not to complete the formality but put in real effort to resolve the dispute.
In your experience, what are the key skills and qualities that a successful lawyer shouldpossess, especially for those who aspire to practice at the highest levels, like the SupremeCourt?
Lawyer should be hard working and honest to begin with, he should be ready to put in the analytical abilities and also the hours required to complete the draft or prepare the arguments. He must be consistent and diligent, each and every case must be prepared very carefully, and detailed legal research should be carried out on the subject, not only he should go through the latest judgments but also how law has developed over the years on the concerned issue. Lawyer must have good analytical ability, he should be able to extract facts, information from the factual details & complex documents provided by the client, testimonies of the witnesses. Attention to detail is very important for any lawyer for instance any inconsistencies during the cross examination must be caught on the spot. Whether it’s the witness testimony or the inconsistency in the documents, attention to detail can save your day and present surprises in the middle of a hearing. Other important skills include, time management, keeping your documents organized (even on the electronic devices as a lawyer one must keep documents and files up to date & organized), legal writing skills as not only oral arguments but also petitions/ applications/ written submissions have to be simple to understand and yet very persuasive and lastly interpersonal skills as lawyers have to interact with clients and other professionals on regular basis.
You mentioned providing free legal advice to the underprivileged through a Legal Helpline.Can you share the importance of pro bono work in the legal profession, and how can younglawyers get involved in such initiatives?
It is very important that we give back to the society we live in. It is even more important for a lawyer to do so because we form part of this privileged and noble profession, where we understand not only the rights and duties but also the general state of affairs in the country. We can see when the law is wrong, when it will not stand in court of law and when it is being misused thus it is our responsibility to take action and help those who cannot afford to fight their own legal battles. Many times people are not even aware that legal aid is available in the courts and if someone tells them able the procedure of getting legal aid or where the office for legal services are situated, that in itself a huge help for them. A young lawyer may have difficulty taking up the case pro bono due to the financial incapacity and lack of experience but he can provide his opinion and also guide the person / fill the application for getting legal aid, which will enable the needy to get assistance and representation from the concerned legal services authority.
Finally, what advice would you give to recent law graduates who are just starting theirlegal careers? What lessons have you learned along the way that you believe would bevaluable for them as they embark on their own journeys in law?
Be patient and take your time to decide how you want to serve, look for your calling. Whether you want to litigate or be a judge, teach law and become a professor, join the civil services or a law firm or a corporate house. In litigation, first look for a mentor, a chamber where you will unlearn the bookish knowledge and learn the practice of law. It is under the able guidance of your senior that one honed their skills, collects the tools necessary for future cases. Be prepared to be a student of law for all your life, develop a habit of reading daily, not just law but also other subjects. Be through with the research and apply your mind, be analytical and work on your legal writing skills. In any chamber first way to prove your ability and to bind trust and credibility with your senior is through in depth research (not just reading of headnotes, but developing habit of reading the cases & commentaries cover to cover) and by legal writing skills reflected through the drafts. Don’t be scared of working long hours and working hard but at the same time manage your time wisely to ensure no clients suffer because of you. Lastly, enjoy the journey in law, you have a long way to go.
Please tell us about your family background, pre-law school life and your experience at Symbiosis Law School, Pune.
I was completely raised by my mother Smt. S. Mohanaranai, who is a Central Government employee and completed my secondary and senior schooling from Delhi Tamil Education Association (DTEA) School. Academically, I was an above-average student and took a keen interest in extra-curricular and co-curricular activities.
Symbiosis Law School, Pune is a confluence of culture, ideas and bright minds. It was then located in the heart of Pune surrounded by plenty of colleges, universities, religious institutions and other centres of excellence and this was surely a boon for any young student far away from home.
Thanks to God almighty, I made great friends and a really supportive peer group, due to which I was able to overcome my initial fears and excel in prestigious Moot Courts and other co-curricular activities including representing my law school at the Williem C. Vis International Commercial Arbitration Moot, Hong Kong.
I am also very blessed that my wife Ms. Harimohana N. too is an Advocate and we support each other in our law practice.
You were one of the initial Law Clerks of Justice Najmi Waziri, popularly known as the Green Judge of the Delhi High Court. Please tell us about your experience with him and your other seniors at Bar.
I was Justice Waziri’s third law clerk. Joining his prestigious chambers, right after law school, was purely a matter of chance and I am very fortunate to have been a part of it. Justice Waziri made a deep impact in my life with his thought process such as respect for law, women, nature and religious beliefs. He was very polite and courteous to everyone. To us Law Clerks, he gave us several opportunities to prepare draft judgments and research on complex legal problems, which laid a strong foundation for me as a lawyer. I was mentored further in the profession by Mr. TK Bhaskar, Mr. Sanjay Kapur and Mr. Shri Venkatesh, who gave me several opportunities to conduct and argue cases.
Please tell us about your law practice, practice areas and the clients whom you represent before Courts.
I founded my law firm VMK Law Offices in the year 2018 and we are located in South Delhi, in close proximity to the Supreme Court of India, High Court of Delhi and other major Tribunals. We have a fairly vast and diverse practice area such as commercial disputes, Energy Regulatory, Insolvency & Bankruptcy, Company, Arbitration, Property, White Collar Crimes, Telecom and Competition. We regularly appear before the Supreme Court, High Courts (Delhi, Madras, Calcutta, Gujarat, Chhattisgarh), APTEL, NCLAT, NCLT, Central / State Electricity Regulatory Commissions, TDSAT, Competition Commission, PMLA / FEMA Appellate Tribunal, District Courts and Arbitral Tribunals. I have represented Public Sector Banks and Undertakings, Statutory Authorities, Multinational Companies, Power Generators (Private and State Owned), Transmission Licensees and Utilities, Distribution Companies, EPC Contractors and Sports Federations.
Please tell us about a few important and challenging cases that you have handled as a lawyer.
To me, no case is less important or less challenging. All the cases that we do, be it before the highest Court or otherwise, are equally prioritised. However, a few of the reported judgments to my credit are below:
SBI Vs. Vibha Agro – (2023) 1 SCC 286
Lalit Kumar Jain Vs. UoI – (2021) 9 SCC 321
SBI Vs. Radhey Shyam Pandey (2020) 6 SCC 438
ARCIL Vs. Bishal Jaiswal – (2021) 6 SCC 366
SSIM Association Vs. UoI – (2021) 8 SCC 511
A. Nabibasha Vs. Small Farmers Agri Business Consortium – 2020 SCC OnLine Del 1250 : 2020 ACD 877 : (2020) 3 MWN (Cri) DCC 51 : (2020) 4 RCR (Cri) 575
SBI Vs. Athena Energy Ventures – 2020 SCC Online NCLAT 774
2021 SCC Online NCLAT 4
2021 SCC Online NCLAT 1621
2022 SCC OnLine NCLAT 27
2020 SCC OnLine NCLAT 717
You are an Advocate-on-Record (AoR) of the Supreme Court of India. How is an AoR different from a non-AoR before the Supreme Court?
As per the Supreme Court Rules, no Advocate other than an AoR can appear, plead and address the Supreme Court unless he is instructed by the AoR. Therefore, an AoR has been statutorily conferred a privilege with respect to cases before the highest Court of the land. However, this privilege comes with enormous responsibility at various stages right from drafting of a petition/appeal, which have to be done with utmost honesty and precision. It is common knowledge that the Supreme Court is a very busy place, therefore, brevity and speed are vital. A crisp Synopsis can win or lose a case before Judges who have 80-100 cases listed before them. Next, strategizing, preparation and thinking out of the box are essential for a Supreme Court practice. It must always be borne in mind that the Supreme Court is the last Court and the result can be a make or break situation for the clients. The AoR system at the Supreme Court equips us to handle these challenges.
What advice would you like to give to young lawyers who are starting their careers?
Young lawyers, who want to be litigation practitioners should carefully choose their seniors and mentors. It is equally important to enjoy the process and seize any and all the opportunities that come your way. Since a litigation practitioner is required to do multiple tasks such as drafting, filing, arguing, briefing, clerical work, client and financial management etc., one must constantly learn and implement new and effective ways to manage the workload. Litigation practice is one of the most thrilling professions and I urge all young lawyers to take a shot at it.
