Super Lawyer

Category: Interviews

  • “Change starts with individuals who challenge the status quo and advocate for justice. Building alliances and understanding cultural nuances are key to addressing global human rights issues,” – Dr. Anthony Raju, Advocate at Supreme Court of India & Chairman of Indian National Human Rights Protection Council

    “Change starts with individuals who challenge the status quo and advocate for justice. Building alliances and understanding cultural nuances are key to addressing global human rights issues,” – Dr. Anthony Raju, Advocate at Supreme Court of India & Chairman of Indian National Human Rights Protection Council

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Dr. Anthony, with such an impressive and diverse list of roles – Advocate, Human Rights Activist, TEDx Speaker, and more – could you share with our readers a bit about the journey that led you to wear so many hats?

    My journey began in a very humble setting in Meerut, Uttar Pradesh. Growing up in a poor family, I had to work from a young age, selling newspapers and working in small shops to support my family while pursuing my education. This early exposure to hardship instilled in me a deep sense of empathy and a desire to fight for justice. My legal education and subsequent practice as an advocate opened up avenues for me to address issues I deeply care about, such as human rights and social justice. Over time, my roles expanded naturally as I found myself addressing these issues in various capacities – be it as a lawyer, activist, or speaker. Each role complements the other, enabling me to make a broader impact.

    Juggling between being a lawyer, human rights activist, and so much more must be quite a feat. How do you maintain a balance between your legal profession and your various social and humanitarian roles?

    It indeed requires a delicate balance, but the key lies in passion and prioritization. My legal profession and humanitarian roles are interconnected, as both strive towards the common goal of justice and human dignity. I allocate specific times for my legal practice, social work, and speaking engagements, ensuring that each receives the attention it deserves. Effective time management and a dedicated team also play crucial roles in helping me manage these diverse responsibilities without compromising on any.

    Your dedication to human rights is evident not only in your professional life but also through your social work in tribal and underprivileged areas. What motivates you to spend a significant amount of your time in these communities, both nationally and internationally?

    The motivation stems from my early life experiences and the realization of the stark inequalities that exist in our society. Spending time in tribal and underprivileged areas allows me to directly engage with and understand the challenges faced by these communities. It’s one thing to advocate for human rights from a distance, but it’s entirely different to be on the ground, witnessing the struggles and triumphs of the people. This direct engagement fuels my passion and commitment to making a tangible difference in their lives.

    As a dynamic criminal advocate and human rights ambassador, you’ve spoken at TEDx. Can you share a moment in your career that you consider a turning point or a particularly proud achievement?

    One significant turning point was when I founded the All India Council of Human Rights, Liberties & Social Justice (AICHLS). This platform has allowed me to channel my efforts more systematically and mobilize support for various human rights causes. Another proud moment was speaking at TEDx, where I could share my journey and inspire others to join the fight for justice and equality. Receiving the “International Human Rights Awards” and honorary doctorates were also affirmations of the impact of my work and further motivated me to continue my advocacy.

    You’ve been recognized with several awards, including honorary doctorates and the “International Human Rights Awards.” How do such accolades fuel your commitment to the causes you champion?

    These accolades serve as important validations of the work being done and the causes being championed. They bring attention to critical human rights issues and inspire others to join the movement. For me, these recognitions are not just honors but also reminders of the responsibilities that come with them. They reinforce my commitment to continue advocating for those who cannot speak for themselves and to push for systemic changes that uphold human dignity and justice.

    In addition to your legal practice, you founded the International Human Rights Advisory Council. Can you tell us more about the council’s mission and some of the key initiatives it has undertaken?

    The International Human Rights Advisory Council aims to promote and protect human rights globally through education, advocacy, and direct intervention. One of our key initiatives is providing free legal aid to marginalized communities, ensuring they have access to justice. We also run awareness campaigns on issues such as child rights, women’s rights, and the right to education. Additionally, we collaborate with other organizations to address human trafficking and violence against women. Our mission is to create a world where every individual can live with dignity and freedom.

    How has your venture, Legal and Legal Associates, made a significant difference in people’s lives by providing free legal aid, intersected with your role as a criminal lawyer, and can you share a challenging or interesting case where your dedication and skills played a crucial role in securing justice?

    Legal and Legal Associates has been instrumental in providing free legal aid to those who cannot afford it, ensuring that justice is accessible to all. One particularly challenging case involved a group of tribal women who were falsely accused of theft. My team and I worked tirelessly to gather evidence, advocate for their rights, and eventually secure their acquittal. This case highlighted the intersection of my roles as a criminal lawyer and human rights activist, demonstrating the impact of dedicated legal advocacy in protecting the vulnerable.

    How does your commitment to fostering understanding through the World Inter-Faith Council for Peace & Human Rights align with your initiatives like “Giving with Compassion,” and how do you envision the intersection of human rights and interfaith dialogue inspiring individuals to contribute to social causes on an individual level for a more peaceful world?

    The World Inter-Faith Council for Peace & Human Rights and “Giving with Compassion” both stem from the belief that understanding and empathy are crucial for social harmony. Interfaith dialogue promotes respect for diverse beliefs and fosters a sense of shared humanity. By encouraging individuals to look beyond their differences and unite for common causes, we can inspire them to contribute to social justice initiatives. The intersection of human rights and interfaith dialogue is powerful because it not only addresses legal and social issues but also nurtures the moral and ethical dimensions of peace and justice.

    How has your journey as a change maker shaped your approach to navigating the complexities of international relations as a diplomat and advocate, all while realizing the profound impact that an individual can have on society?

    My journey has taught me that change starts with individuals who are willing to challenge the status quo and advocate for justice. As a diplomat and advocate, I approach international relations with a focus on collaboration and mutual respect. Understanding cultural nuances and building alliances are key to addressing global human rights issues. Realizing the impact one individual can have inspired me to continue pushing for systemic changes and mobilizing others to join the cause. It’s about creating ripples that lead to broader societal transformations.

    On a more personal note, can you share a hobby or interest that you turn to for relaxation and rejuvenation amidst your busy schedule? How does it complement your work-life balance?

    I find solace in reading and meditation. Reading allows me to explore new perspectives and ideas, which is essential for my work as an advocate and speaker. Meditation helps me maintain mental clarity and emotional balance, enabling me to handle the various demands of my roles effectively. These hobbies provide me with the necessary downtime to recharge and stay focused on my mission.

    Aside from your professional endeavors, we’ve heard that you are involved in teaching and training. What advice do you have for aspiring advocates and human rights activists entering the field today?

    My advice to aspiring advocates and human rights activists is to stay committed to the cause, no matter how challenging it may seem. Dedication, hard work, and perseverance are crucial. Always remain empathetic and understand the struggles of those you are advocating for. Continuous learning and staying informed about legal and social issues will equip you to be effective in your efforts. Lastly, never underestimate the power of collaboration and building networks, as collective action can amplify your impact.

    Ge in touch with Dr. Anthony Raju–

  • “The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values”- Ashima Mandla, Partner at Mandla & Singh Law Chambers

    “The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values”- Ashima Mandla, Partner at Mandla & Singh Law Chambers

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share a bit about your journey into the field of law? What inspired you to pursue this career path?

    When I was in school, I was rather drawn to the criminal justice system, whether it was from what was covered in the news in then ongoing cases, criminal novels and shows which piqued my interest. Thereafter, I did my graduation in Psychology Honors from LSR, where my primary field of study was abnormal psychology, being intertwined with criminal laws. Even though during the first year of LL.B, like most of us, I was also equally attracted to the Corporate side and ended up interning for 6 months at Trilegal, the first day I set foot inside the Apex Court while interning with Mr. K.T.S. Tulsi sir, all my aspirations in this field shifted and I knew I wanted to practice criminal laws. 

    As a Partner at Mandla & Singh Law Chambers, what are some of the most rewarding aspects of your work?

    In litigation, mostly everyone aspires to go independent someday and establish their own practice. For me, that juncture came a little earlier than expected and Mandakini Singh, (my senior associate from the Chambers of Tulsi sir) and I started this litigation chamber in 2018. Undoubtedly, it takes significant time and effort to get your independent practice off the ground, especially being first-generation lawyers, but then there were many seniors who were exceptionally kind to us to offer support and even refer work. The most rewarding aspect in running your own practice is the opportunity to not only build cases by formation of a narrative but also to oversee the outcome. It gives you a platform and opportunity to understand your shortcomings and actively work towards growth. 

    Your involvement in drafting legislation such as the Criminal Law Amendment Bill, 2019, reflects a deep commitment to legal reform. What drives your passion for advocating for change within the legal system?

    The law is not static; it evolves over time through amendments and the introduction of new legislation to reflect changing moral and societal values. As our worldview and perceptions shift, so do the nuances of the legal system. Every judgment that explains or expands the scope of any section or act is an active step toward changing the limits and understanding of the legal system. Law and society are intertwined, each contributing to shifting the perspective of the other.

    Could you tell us about a particularly challenging case you’ve worked on and how you navigated through it?

    The most challenging case has been the Tablighi Jamaat case. There were 955 foreigner nationals from 48 countries which were detained for 2 months and when the Habaes Corpus case was preferred before the High Court of Delhi for their release, overnight chargesheets were filed against the foreigners. Even though there was not a single medical report which was placed on record in the chargesheet showing anyone as Covid-19 positive, yet the narrative in the media was running contrary to the evidence on record, which also colored the public perception. The impact and perception of media trials, particularly in sensitive and high-profile cases was highlighted. Media trials can lead to premature judgments and public opinion that may not align with the legal proceedings and the principle of “innocent until proven guilty.”  Furthermore, 2 months into the litigation, it surfaced that there were second FIRs against the foreign nationals and those who were repatriated on humanitarian grounds of plea bargaining after depositing costs to an extent of Rs. 52L to the Government, they were once again estopped from returning to their homes. It led to an arduous and protracted litigation” of 150 hearings, 955 bail applications, 5 writs, 44 discharge applications, 26 quashing petitions, 80 revision petitions, 15 hearings before the Supreme Court and then a trial in a Delhi court over 9 months. Even though there was not a single conviction in Delhi as even all the foreigners who chose to contest the charges in the trial were acquitted, this case was unprecedented under the unforeseen circumstances across the globe.

    The other case, which was recently viewed as a landmark judgment in Pavana Dibbur v. Directorate of Enforcement.,2023 SCC OnLine SC 1586 wherein the Hon’ble Apex Court was pleased to quash the complaint u/s 44/45 of the PML Act, 2002 (akin to chargesheet) on the ground that s. 120-B IPC can be invoked only in reference to a predicate scheduled offence, was rather challenging as a case, as there were no authorities on this issue and all judgments of the Apex Court as well as various High Courts were ambiguous. The coming of this judgment reinforced the confidence that one can build arguments from bare reading of provisions and interpretation of statutes even if there are no judicial precedents precisely on the issue. Needless to say, it would not have been possible without the fierce and structured arguments led by Senior Advocate Meenakshi Arora ma’am.

    Your achievements in both academia and extracurricular activities are impressive. How do you balance your professional responsibilities with your personal interests and commitments?

    I believe that lawyers led stressful lives as is, which makes it imperative to have interests outside of work, to balance out. More often than not, the demands of every day work and deadlines puts personal lives at the backseat. I personally make it a point to travel, even if it is a short trip, whenever the opportunity presents itself. It gives you something to look forward to as well. Apart from that, there are many tournaments organized by various Bar Associations, which are an amazing way to break the ice, forge better bonds with your peers and seniors. 

    Being an Advocate-on-Record before the Supreme Court is a significant achievement. How did you prepare for and approach the examination, especially achieving such a high rank on your first attempt?

    I had started my career at the Apex Court as a junior, so I was always enchanted and inspired to become an Advocate-on-Record before the Apex Court. Truly, with running my own practice, I was able to only devote 20-25 days of study towards the examination and managed to secure a Rank #4. However, the fact that a lot of the concepts tested in this examination especially in the papers of Practice and Procedure as well as Drafting have nexus with everyday practice before the Apex Court, having practiced for 5 years, in terms of drafting, filing and arguments, before appearing in this examination made those papers fairly easy to prepare for. 

    As for the other two papers namely Leading Case and Advocacy and Professional Ethics, most of those cases were a part of the curriculum in college and hence were formative concepts which are widely referred to and relied upon across a spate of judgments and thus, if the basic concepts in law are clear, the examination is not all that tough. Therefore, the syllabus ought to not be viewed as something one can mug up for the examination, but if you truly read the judgments in its entirety, you will benefit in your practice as it will enhance your concepts and knowledge base, with concepts or sub-concepts which were perhaps not completely understood during college.

    With your experience in criminal defense litigation, what do you find to be the most common misconceptions people have about this area of law?

    It is no surprise that the salary for freshers in litigation is not comparable to the corporate sector, which has been a driving factor for an increased number of graduates preferring the latter. However, criminal defence litigation is far more rewarding in all aspects as compared to the corporate sector. Furthermore, another misconception is that criminal defence litigation is not for women, and for most of us, even our families are not comfortable with the thought of women visiting jails, police stations and lower courts. We have legal stalwarts such as Senior Advocates Ms. Meenakshi Arora ma’am, Ms. Indira Jaisingh ma’am, Ms. Rebecca John ma’am, Ms. Shobha Gupta ma’am, who are not just counted as the best female advocates, but in the list of the best advocates.  Therefore, the field is not an old boys club. 

    As someone who has accomplished a lot in their legal career, what advice would you give to recent law graduates who are just starting out in the field?

    Be patient, zealous and persevere. Law demands layers of intricate knowledge which is gathered across a spectrum of fields over a period of time. There are essentially no shortcuts to success and the only way to conjointly sustain and grow is through day-to-day perseverance. The skill-set which needs to be developed in this profession to stand out, are built over years of backbreaking work. Join offices which teach you work, develop your skills and offer you opportunity to grow. 

    Get in touch with Ashima Mandla-

  • “Life is what happens to you when you are busy making other plans” – From Medicine to Mastery in Law: Rajvendra Sarswat, Independent practitioner & Senior Standing Counsel for Union of India

    “Life is what happens to you when you are busy making other plans” – From Medicine to Mastery in Law: Rajvendra Sarswat, Independent practitioner & Senior Standing Counsel for Union of India

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you please help our readers get to know you better by sharing how you came into the field of law? We’d love to hear about your journey, who inspired you to join the legal profession, and the challenges you faced initially.  

    Many of us will agree that growing up in the nineties, there used to be primarily two career choices every student had to make at a certain stage, either medicals or engineering, and similarly I was also in the same mainstream preparing to be a doctor someday. Law was surprisingly introduced to me by my brother which intrigued me when I explored more about it as a profession. As I always believe in the quote that ‘life is what happens to you when you are busy making other plans’. I joined National Law University, Jodhpur as its first batch student and graduated in the year 2006 with Corporate Law Honors in B.B.A. LL.B. and thereafter joined Kanga & Company, Mumbai and also worked with Majmudar & Partners, Mumbai till close to 2011 end. While working with these firms it was purely general corporate, M&A and PE transactional work with almost negligible work related to litigation and the learning I received from both these places left a significant impression in my approach towards work. My initial years into litigation were very challenging and every new case I got was accepted as a blessing. I was appointed as amicus curiae or Court commissioner in many Public Interest Litigations during my initial years which gave me the opportunity to appear regularly before the court and to make myself relevant. I was always open to any area of law and focused myself to take each case as the most important and crucial for me for building myself as a litigation lawyer.   

    As Senior Standing Counsel for Union of India, GST, Central Excise / Customs, what are the key challenges you face in representing such a broad spectrum of governmental interests?

    The most fascinating part of representing tax department in the High Court is that mostly the controversies involved are interpretational issues where constitutional validity is under question and having serious implications wherein invariably I get the chance to argue against the best and top tax lawyers of the country, which I believe is a valuable learning experience for me. As we know that the Goods and Service Tax law is new and evolving so many issues are nascent and completely innovative in its challenge which is a constant learning experience. One has to keep in mind the complexity of Laws, diverse stakes, managing the litigation coupled with the factor in change in the policy. However, balancing the government’s interests with the broader public interest can be a delicate task. Ensuring that legal actions align with public expectations and serve the overall welfare of the society is important. Navigating these challenges requires a deep understanding of legal intricacies, effective communication skills, strategic thinking, and the ability to adapt to dynamic legal landscapes.

    We want to understand how different the study of law is compared to the practice of law. What was the most challenging aspect of transitioning from academic learning to actual legal practice?  

    What we study in law school is a very fundamental yet primitive part of law. The actual application and understating of the practical aspects of law comes only when we enter in the profession. As a first generation lawyer, the journey is altogether different and difficult because you inherit nothing and have to build everything from scratch but the good part is that you have an empty canvas and you are the artist. A fresh law school graduate who wishes to enter into litigation should always start with fundamental and practical aspects including the process of filing or curing of defects therefore I also advise to start from trial courts for at least two years before practicing in higher forums. Nowadays it’s good to see that law schools are also focusing on practical learning aspects other than just theoretical teaching. Applying legal principles to real cases, clients, and situations requires a different skill set than memorizing legal theories. In academia, the emphasis is often on analysing case law and statutes. However, in practice, building strong client relationships, effective communication, and understanding client needs become crucial. Developing these interpersonal skills can be challenging for some. In a practical legal environment, time management becomes critical. Meeting deadlines, handling multiple cases simultaneously, and managing client expectations require efficient time management skills that may not be as emphasized in academic settings. And, most importantly grappling with ethical dilemmas, maintaining client confidentiality, and upholding professional conduct standards are integral parts of legal practice that go beyond academic discussions of legal ethics. I also happen to be a guest faculty at a few law universities. I also give lectures at many intuitions and this helps me keep my own learning in the game.     

    How do you approach the complexities of constitutional writs compared to other types of legal matters you handle, and what strategies have proven most effective for you?  

    The unique feature of writ jurisdiction is that it’s an extraordinary remedy and how you can convince the court to get a favourable order depends upon how innovative and ingenious you can be. In my experience of being into litigation, I believe there is only one strategy and that is there is no strategy. You have to be quick on your feet, well prepared and thoroughly researched. One of the key focuses should be on the drafting because there may not be occasion for you to change your pleadings in the later stage if you have missed out a crucial fact or legal ground. You must know what to speak and more importantly what not to speak. Court crafting is an art and it takes patience and keen openness for observing to learn on a daily basis which cannot be taught but has to be learnt. By combining thorough legal research, precise drafting, effective oral advocacy, and a deep understanding of constitutional principles, handling constitutional writs can be approached with the rigor and strategic insight they demand. This ensures that the complexities of these cases are navigated effectively, maximizing the chances of a favourable outcome. When I joined litigation, I ensured to be in the court and get the chance to hear senior advocates arguing their matters because one can learn a lot from mere observation as to how a particular case was presented and how the questions of the court were replied back. 

    What innovations or changes would you like to see in the Indian judicial system to improve efficiency and fairness in legal proceedings? Additionally, what steps are you personally taking or planning to take to help achieve these improvements?   

    We are presently in a rapidly growing and evolving legal system. Before the covid pandemic, none ever imagined the idea of having courts running online where lawyers and even litigants were attending courts from home. Now we have a seamless virtual platform where any lawyer can not only do the filing but also attend the court. We just need more adaptability and openness to it. However, that is mostly at the High Court and Supreme Court or other higher forums, which needs to be adopted at all the levels. This requires proper infrastructure and training. Once this is achieved, service of process, examination of witness, inspection etc. many such procedural aspects which delays the justice dispension system can be curtailed. We are currently transitioning our entire office from physical file to digital file and do not carry physical file to the dias. This way we have access to the entire office record, documents and relevant judgments with ease even if we are travelling. 

    You transitioned from being an associate to a legal head and then switched back to a senior associate role. What differences did you observe in both practice areas during these transitions, and what motivated your move back to the litigation?  

    You cannot compare being an associate in a corporate non-litigation firm with being an in-house counsel with any corporate organisation with having your independent practice as they all work within their uniquely peculiar sphere. The kind of work you do, the atmosphere you work in, the people you deal with on a daily basis, the issues you have to handle independently, they all are different and distinct. The initial journey is always difficult, nonetheless, they all have their own challenges and benefits. After graduating from law school; my primary interest was to work with a good corporate law firm, either in Delhi or Mumbai. I got a chance to work with two very reputed firms in Mumbai and a brief period to be legal head of a public limited company. However, after working for a few years I realised the quench of working on my own started bubbling up. I remember I had visited the High Court once for a matter related to one of my relatives and after observing the lawyers and court room, from there the idea of starting my own practice triggered inside. It was a very difficult and risky decision to take after investing years into Mumbai and then coming back to Jodhpur coupled with the fact being a first generation lawyer, but somehow I took the plunge. My initial few years as a litigation lawyer were difficult with self-doubts and fear as to who will give me work and how will I sustain; but I also believe that such fear keeps you motivated too.

    Mr. Sarswat, transitioning from prestigious firms to independent practice is often a significant milestone. Could you share how your independent practice is evolving, and which specific areas of law are you currently focusing on? Additionally, what qualities do you look for in interns who seek to work under your guidance? Any suggestions you would like to give them?

    I practice primarily constitutional writs, civil, arbitration and a few criminal matters too. Public Interest Litigation has inspired me to a significant manner which lead me to file and appear in many such PILs involving public issues around me, where we have been successful to get very favourable orders from Court either as the counsel or as the amicus curiae. We also do a lot of arbitration practice. The qualities which I aspire and look for in anyone who is willing to join litigation is patience, persistence and hard work. There is no shortcut in this profession and if one can maintain that, the sky’s the limit. I firmly believe that every person has a unique journey and the only comparison you should have is with yourself as to what you were one year back in the past. I find young lawyers getting impatient, which is inevitable though, but this is a lifelong building profession and takes time. One has to be well prepared with facts and position of law, latest judgment on the issue involved. If you are sincere and hardworking, you will automatically stand out and become noticeable. If one can manage to do that, one will be picked up at the right time from the right people and the path will appear. Lastly, never be too focused that you miss out little opportunities at the corner of your eyes and if you wish to take litigation as a serious and primary choice of profession, then only join it otherwise don’t start it with as plan B.

    Outside of law, what hobbies or personal interests do you pursue that help you maintain a balanced perspective?  

    I love to read and travel. I believe the more you read and travel, the broader perspective you achieve about various aspects of life. One should have a habit of reading at least 15-20 pages daily, other than office work. I also write and paint at times. Every new place you visit, teaches you a lot about yourself as a person too. I also love running and keeping myself physically fit because a healthy body can only give you a healthy mind. I love to listen to old school music and my favourite bands or artists are U2, Bob Dylan and all time legends Kishore Kumar and Jagjit Singh.  

    Get in touch with Rajvendra Sarswat-

  • The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”- Moin Ghani, Founding Partner, Alliance Laws

    The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”- Moin Ghani, Founding Partner, Alliance Laws

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Can you share with us how and why you decided to pursue a career in law? Was there a specific moment or influence that guided your decision?

    My pursuit of a career in law was more accidental than pre-meditated. I am the first lawyer in my family and did not have any idea about the legal profession before I decided to study law. 

    Even my study of the law was more out of curiosity about the subject than out of any career aspirations. By the time I was applying to go to university, I had studied science subjects like Physics, Chemistry, Biology, Mathematics, and Pure Mathematics in addition to the social sciences and humanities like Economics, Commerce, Language, Literature, and Art. I did quite well in all the subjects but did not feel I wanted to pursue higher studies in any of those subjects. Thus, I decided to study law. 

    I eventually fell in love with international law and decided to pursue a career in that arena even though it was not something most graduates pursued at that time. International law was definitely the path less taken.  

    What was your experience like studying law at the London School of Economics and Political Science (LSE), and how did it shape your career trajectory?

    Studying law at the LSE was truly a transformative experience for me. It was indeed a privilege to be taught law by the best experts. For instance, I studied Public International Law and was supervised by Sir Christopher Greenwood, who later went on to become a Judge at the International Court of Justice in the Hague. It was also an invaluable experience to be able to attend classes with a diverse group of international students while living in one of the most cosmopolitan cities in the world, London. The years at LSE clearly helped to broaden my horizon and exposed me to the career opportunities in the field of international law.     

    You’ve worked with top international law firms in the US and the UK. How did these experiences contribute to your expertise and influence your practice back in Bangladesh?

    I worked in the UK for Eversheds LLP in their shipping department. That work experience was my first foray into the world of arbitration arising out of shipping law. During those early years of practice, I realized that a good lawyer not only needs to understand law but needs a well-rounded knowledge base which helps to think outside the box. Many of the issues that arise during a complex case may often involve highly technical matters where one’s understanding of subjects like physics and chemistry come in handy. 

    In the United States, I got the fortuitous opportunity to work for one of the world’s leading international arbitration firms, Foley Hoag LLP. I had gone to the United States as a Fulbright Scholar on the Hubert H Humphrey Fellowship to study at the Washington College of Law at American University (“WCL”). By chance, one of the Adjunct Professors who was teaching me at WCL was also a Managing Partner at Foley Hoag LLP, which had just been engaged by the Government of Bangladesh for the arbitration of the maritime boundary disputes in the Bay of Bengal between Bangladesh, Myanmar, and India. I was fortunately in the right place at the right time and got offered a position at Foley Hoag. I was particularly keen on assisting my own country Bangladesh in an international arena. While at Foley Hoag I also got to work for countries like Ecuador and Venezuela in arbitration cases arising from investment disputes. I was part of the team that advised the Philippines in their maritime boundary dispute with China in the South China Sea.          

    My international experiences in the law firms in the UK and USA greatly helped me in my international arbitration practice. Not only did I acquire legal skills by working with the best international lawyers in the world but I also built personal lasting friendships that provide indispensable support to me even today.  

    What motivated you to establish Alliance Laws in Bangladesh, and what have been some of the significant milestones for the firm since its inception?

    The key motivation for establishing Alliance Laws was to have the freedom of choice about the kind of work I want to do. Now I only do cases that I find enjoyable or challenging. The law firm has grown exponentially since it was founded in 2019. We started with only two lawyers and in five years we have sixteen people working in the firm. Since our inception, we have assisted Bangladesh state owned entities in several international arbitration cases. In addition, we have also been involved in a number of complex cross-border transactions for international clients. The firm has been ranked by Chambers and Partners for its “Corporate and Finance” and “Dispute Resolution” works.     

    Given your extensive experience in international arbitration, what do you see as the most challenging aspects of this field, and how do you navigate them?

    The most challenging aspect of the international arbitration field is to break into the system which is often referred to as the “insular arbitration bubble”. While some progress has been made with respect to gender, ethnicity, and cultural diversity, the system is still somewhat closed and controlled by a small group of people. I feel there is a need to encourage greater diversity in the pool of professionals which work in international arbitration, both as counsel and arbitrators. 

    For my part, whenever the opportunity arises, I try to encourage appointment of arbitrators and counsel from different regions and cultural backgrounds. I also try to ensure that tribunals and my legal teams have a good gender and multicultural balance.   

    Could you highlight one or two international arbitration cases you’ve worked on that you found particularly challenging or rewarding?

    One of the most challenging international arbitration cases that I have worked on involved a dispute between my country, Bangladesh, and a Canadian energy company. The Canadian company had caused a massive explosion while negligently drilling a gas filled in northern Bangladesh and was about to get away without paying any compensation. When I was appointed to the case, half way through, I managed to get a team of lawyers together and succeeded in turning the outcome of the case in Bangladesh’s favour. It was difficult to take on a case which had been partially completed. However, in the end, it was rewarding to be able to change the outcome of the case through a combined team effort and a “never give up” mindset.     

    Lastly, what advice would you give to fresh law graduates who aspire to build a successful career in international law and arbitration?

    My advice to all fresh law graduates would be to read as much, and as widely, as possible. Reading cultivates the mind and makes one more empathetic. To be a good lawyer one only needs to understand the law. But to be a great lawyer, especially in international law and arbitration, one has to solve complex legal issues from a culturally sensitive manner. There is also no short cut to success. In legal practice, if one is to succeed one must be prepared to go per aspera ad astra (through hardship to the stars). 

    Get in touch with Moin Ghani-

  • “A good cross-examination has the potential to turn litigation in your favor. Every day in a lawyer’s life is an experience and a learning.” – Rajesh Ramanathan, Partner, Factum Law

    “A good cross-examination has the potential to turn litigation in your favor. Every day in a lawyer’s life is an experience and a learning.” – Rajesh Ramanathan, Partner, Factum Law

    This interview has been published by Namrata Singh and The SuperLawyer Team

    What motivated you to pursue a career in law, and could you walk us through your journey from your early days in law school to becoming a partner at Factum Law? Additionally, could you share some of the challenges you encountered during the initial stages of your career and how you overcame them?

    The Question should be ‘Who?’ and not ‘What?”. I owe my professional life to my grandfather Mr. V.V. Ramanatha Iyer who was a prominent Lawyer in the Vellore District. As a school going kid, I used to accompany my grandfather to the Munisiff Court at Ranipet where he predominantly practised. It was his wish that I take after him. I joined Law School much against the wishes of my mother who like many others at that time thought that I would end up a Lier to be a successful lawyer. It took a while to convince her and she reluctantly agreed after I promised her that I will not Lie. It was my grandfather who sowed the seed in me to be a Lawyer and it was he who taught me that a Lawyer can be honest, truthful and successful. Legal education in those days were more theoretical unlike today and we hardly ever stepped into a Court during our Law School days. Of course there were quite a few exceptions to this and a few of my friends started interning quite early. 

    But I was a Reluctant Lawyer, when for the first time I set foot in Court almost 29 years ago.  Growing up, I was very quiet, reserved and had all qualities uncharacteristic of a Litigating  Lawyer. When I started my practise as a junior to my grandfather at Ranipet, I was just happily  going around the corridors of the Subordinate Courts as a privileged grandson but without actually knowing the fundamentals of being a Lawyer. I  felt I was in the middle of a jungle with  my eyes tied shut. I did not know what was happening.  I became a lawyer because of my  Grandfather and also because I did not know what else to do with my life.

    What inspired you to specialize in contentious and non-contentious litigation in areas such as IP, corporate, and commercial laws?

    When we started our careers as lawyers, we had only two options. Either to litigate or go inhouse. Since I followed my grandfather’s footsteps, contentious and non-contentious litigation was the obvious choice. But to sustain and keep up with that choice is a completely different challenge. I would say, Intellectual Property Rights and Commercial Laws chose me rather than me choosing them. A year into practice, my illustrious grandfather advised me to relocate and start afresh with a good Senior Practitioner at the Madras High Court. He felt that the Subordinate Courts were being bifurcated and it would be difficult for me to run around from one Court to the other in the Vellore District of Tamil Nadu. I am glad I took his advice and moved to the High Court where I was given the opportunity to join the chambers of Mr. V. Veeraraghavan, one of the most prominent Lawyers in the field of Intellectual Property Law in Chennai then.  It was more like an institution where we got to learn the practice of IPR and commercial Litigation. Mr. Veeraraghavan was instrumental in tutoring many other stalwarts like Mr. Prabhakara Reddy and Mr. Perumbulavil Radhakrishnan who were also my mentors and still continue to guide me in my journey.  All these mentors inspired me and continue to inspire me to do well. And IPR as a subject is so unique and different from all the other areas of laws, it is but natural to be drawn to this area of specialization.  

    We noticed you’re a senior panel lawyer for ‘The Institute of Chartered Accountants in India.’ How did this collaboration come about, and what does your role entail?

    I have been a Senior Panel lawyer for ICAI  the past few years. The collaboration started after a process of application and selection through an in person interaction. As a Senior panellist, I am entrusted with representing ICAI before the Madras High Court in select matters of complex legal issues. It has been both a learning and a rewarding experience representing one of the premier Statutory Bodies of the Country. 

    Given your extensive experience, what advice would you give to aspiring lawyers looking to specialize in intellectual property law?

    The Legal profession generally is a very noble profession which is also very satisfying and rewarding to all the genuine practitioners. I would most certainly tell all the youngsters who are looking at Law as a career, that honest, sincere hard work would make you very efficient and successful. It is imperative to believe that a lawyer is allowed to interpret a law but not facts. 

    Our profession has spread its wings far and wide now in terms of the avenues for a lawyer to get into. Earlier a lawyer had no other alternative but to either choose litigation or become an inhouse Counsel. But the options that are now available are much more. However,  It is my firm view that every lawyer on their enrolment should litigate in any Court of their Choice and convenience for a minimum of three years before choosing any other option. Because Litigation teaches us everything that one needs in life including Man Management. Right from just seeking an adjournment, to substantial arguments it is just an art. I always believe that the lessons a young lawyer learns from litigation in the first three years, would keep him/her in good stead for the rest of his/her life in whatever they choose to do.  So my first advice, if I may call it, is to gain experience as a litigator for a minimum period of three years before they decide to opt for any other avenues of the profession. 

    As for Intellectual Property Rights, this is the only area of law whose value stems from the public perception of such IPR (except Patents of course) and therefore every case would be different from the other. This is also a subject that just keeps evolving with every new invention and/or creative work. This to me is the unique aspect that makes it even more interesting than any other areas of law. The entry of AI now is taking to  different heights and it would be interesting to see where else it goes. 

    Can you share any insights into the legal landscape in India, particularly in terms of intellectual property rights and brand protection strategies?

    The Legal landscape is pretty promising as I believe that India of all the Major economies of the World has the best IPR protection in terms of Statutory Laws. Having said that, I also believe that we have to improve a lot in its implementation. Our Judiciary has been doing a lot to improve/ fasten the time for delivering Justice which by itself is no mean feat considering the population and the number of Judges we have. 

    As for strategies, I keep thinking that the brand owners take a long time to realise the potential value of their IPR’s and more often than not, the time delay in seeking Statutory protection by way of registering one’s brands or Patenting their new invention results in them losing value. Statutory protection of IPR’s should be the first on the agenda for a brand to be valuable. Registering a brand alone is not enough but maintaining it and protecting it from infringement at the right time is also equally important. In my little experience, I have come across quite a few brands losing their brand value just because they did not take action at the right time. It is also imperative for brand owners to understand that the cost and expenses for protecting and maintaining their brand is more of an investment than just an expense. 

    Looking back at your career journey so far, what are some key milestones or turning points that have shaped your professional growth and approach to law?

    Looking back, It just amazes me that I am able to sustain in this competitive field and quite well. I would like to think that the entire Universe comes to your aid if you just keep working without thinking about the result or the consequences. I take this opportunity to thank all my Seniors who nurtured/ mentored me and who still guide me in my journey. There are quite a few turning points since the day I started my career as a lawyer. I very vividly remember my Grandfather’s loving advice to relocate to the High Court and the day I joined the Chambers of my Senior Mr. V. Veeraraghavan who helped me transition into a High Court Practitioner. 

    The year I spent at the Franklin Pierce Law School in the USA would be the turning point or a milestone in my career. It is not only the Legal Skills I acquired there that made it a milestone, but the people I met there and the multi-cultural life that I was introduced to, changed me as a person. I went in as an Indian and returned as a true International. I still am in touch with most of my friends and teachers and I will always cherish my year at my alma mater. This camaraderie with all these people in a foreign Country for one full year taught me to be affable and friendly to all and guides me in my approach to the Legal Profession even today. Starting our own firm ‘Factum Law’ in the year 2017 was another key turning point in my professional life and with the right people to work with, this has been a very interesting and rewarding journey so far. 

    The International Trademark Association of which I have been a member since 2008, has also shaped my knowledge throughout. The Annual Meeting every year and the opportunity to meet thousands of IP practitioners from around the world in one place is always satisfying. This also helps me and my colleagues in keeping ourselves updated with all the developments of Law around the world. 

    None of this would have been possible if we did not have the right team to depend on. I am eternally grateful to all my team members for being with me through thick and thin. Thanks to them I am certain of many more milestones in my Professional life. 

    Reflecting on your time at UNH Franklin Pierce School of Law, could you share your experience and highlight any notable differences you observed between the educational approach there and the legal education system in India? How do you think these differences have influenced your practice of law?

    The life I spent at Pierce Law is the most memorable and life changing. I would be failing in my duty if I don’t credit Pierce Law for all of my achievements so far in my life and whatever I am destined to do more in this professional life. The Education system is more pragmatic whereas we in India still focus on theory. I am however told that it is changing here as well. There are no lectures in the US education system but only discussion. Which means you have to be prepared to be part of the discussion in every class. And you will be tested in the exams only on the discussion you had in the class. So it is imperative that you are well prepared even before attending the class and you get to participate in the discussion. This I believe is the most pragmatic way of teaching subjects and I hope Law Schools in India follow suit on this kind of pragmatic education. This has greatly influenced my thinking and my preparation for a case. 

    As a faculty member at EBC Learning and an alumnus of the Franklin Pierce Law Centre, do you incorporate your international experience and the teaching methodologies you encountered during your LLM into your approach to teaching? If so, how do you adapt these methods to suit the needs of your students and the legal education landscape in India?

    Whenever I get the opportunity to address  the students on some topic of interest, I make sure I follow the lessons learnt at Pierce Law. That of being pragmatic in my approach. So I try to make it an interactive session rather than just a lecture. This certainly aids in the students improving their thought process and their knowledge. This approach is imperative for Lawyers. I am also of the view that no Law school or college in India produces  Lawyers. They can only produce a good Law Student. It is the legal practice that moulds a student into a lawyer and that takes a minimum of three years. So a pragmatic approach would equip the students better in their transition to a professional lawyer. 

    Could you walk us through what a typical workday looks like for you, and how do you ensure you stay updated on the latest developments in the legal field amidst your busy schedule?

    Life of a lawyer is very demanding and unless we are prepared to sacrifice that ‘me time’, it will be very difficult to succeed. There are times when one feels overburdened but that comes with the territory. A typical day for me starts at 9.30 AM if not earlier. That depends on my Court work. Evenings are spent in preparing for the next day’s work and so on and so forth. Law journals and commentaries accompany me many times even in my travels. There can never be a day where a lawyer can say or feel he knows everything and the day one feels as such, would either be his last day of practice or after his retirement. Since Law is something that keeps evolving and changing with times, we as lawyers have to keep updating all the time. So I would only say ‘keep working’ to keep updated. 

    Do you remember the first time when you fought a case? Please tell us some anecdotes that happened in the courtroom.

    Very Vividly. That was my second day at the Madras High Court. I was asked to appear for a contemnor in a Trademark Infringement case against a formidable and successful lawyer who later became a Senior Counsel. I remember struggling to even mouth ‘May I please your Lordship” and the Judge had to lean forward to hear me. I was so nervous that I didn’t even know how I reacted in a room full of stalwarts. Within a few months, I became better at it and started enjoying my appearances in the High Court. Full credit to my senior who constantly encouraged me. It is those opportunities that I got from my seniors that exposed me to successful litigation early in my life. 

    Could you share with us one of the most interesting and challenging cases from your career that still resonates with you, and walk us through the complexities you encountered and how you navigated them? 

    There are quite a few. Particularly at the beginning of my career where I was assisting a Senior Counsel in a Trademark case. It was an appeal and the Senior Counsel appearing for the Appellant swayed the Bench completely in his favour. It looked as though we wouldn’t even have a chance to argue. 

    When it was our chance, all we did was to pick some errors in the Appellants documents and in no time the Division Bench turned in our favour. It showed me what presence of mind and a thorough knowledge of every single piece of paper filed in Court could do. That was a lesson I carried all through my life and I still make it a point to thoroughly study the files. You never know where the spark would come from. 

    I have also enjoyed my experiences in appearing in trial Courts and conducting cross examinations. One can never be fully prepared to cross examine a witness and a presence of mind is most essential to be a successful trial Lawyer. Conducting trials is an art by itself and every Law Student should expose himself/herself to the art of cross examination. A good cross examination has the potential to turn litigation in your favour. I will end by saying that every day in a Lawyers Life is an experience and a learning. I most certainly love the challenges that this profession throws at me every single minute.

    Thank you 

    Get in touch with Rajesh Ramanathan-

  • “Successfully arguing appeals and securing victories for my clients taught me that persistence and a deep understanding of law are key to success.” – Vikas Sharma, Director and Principal Solicitor at Vikas Sharma & Co Ltd., Solicitors & Solicitor at LAWSMITH SOLICITORS’

    “Successfully arguing appeals and securing victories for my clients taught me that persistence and a deep understanding of law are key to success.” – Vikas Sharma, Director and Principal Solicitor at Vikas Sharma & Co Ltd., Solicitors & Solicitor at LAWSMITH SOLICITORS’

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Reflecting on your journey from studying law to becoming a director at Vikas Sharma & Co Ltd, what specific moments or individuals inspired you to pursue a career in law? What were some of the challenges you faced and how did you overcome them?

    I come from a lineage of lawyers, with my maternal great grandfather practicing in Hissar, Haryana, and both my grandfather and father in Ratangarh, Rajasthan. Growing up in Ratangarh, I was deeply influenced by the respect lawyers commanded in a small town. Visits to court with my father and uncles were frequent, and the court premises felt like a second home. Initially, my interest wasn’t in the law itself but in the sweets and pampering I received from my father’s clients and lawyer friends. However, over time as I grew older, observing my family’s dedication and the impact they had on people’s lives inspired me to pursue law seriously.

    My father, the late Shri Shyam Sunder Sharma, played a crucial role in encouraging me to aim higher and move to the Supreme Court. I learned not only how to prepare a case from him, but also how being a lawyer is more than just a business but a way to help people and enjoy the process. One of the pivotal moments was my working with Group Captain Karan Singh Bhati at the Supreme Court of India, where I gained invaluable experience representing the State of Rajasthan. Group Captain Bhati was then standing counsel for Rajasthan. 

    The passing of my father and two uncles was a significant emotional challenge, prompting me to move to Scotland for a master’s degree in law. This move was both a personal and professional turning point, allowing me to start afresh in a new environment. The journey was filled with obstacles, but the support of mentors like Mr. Vincent Buffoni and Mr Matthew Cohen, and my persistence in adapting to new legal systems, helped me overcome these challenges.

    Can you share the journey of how you transitioned from practicing various areas of law to specializing exclusively in immigration law? What motivated this shift?

    The transition to specializing in immigration law was largely serendipitous. Once I qualified as a solicitor in England and Wales, I joined Vincent Buffoni & Co, a central London law firm. While working with Mr Vincent Buffoni, an Oxford graduate who was very humble and thorough, I gained experience in UK immigration law. Initially, barristers handled appeal hearings, but Mr. Buffoni trusted my abilities enough for me to represent clients. After gaining hands-on experience in immigration cases, I became interested in the field more deeply earlier 

    Having worked in London for a few years, I returned to Scotland where I had earlier completed my LLM degree. Since English and Scottish legal jurisdictions are separate, I had to pass conversion exams to become a Scottish solicitor. My litigation background allowed me to handle all kinds of court matters when I moved to Aberdeen and joined Mathew Cohen and Associates Ltd. There was, however, an increase in demand for immigration law services. Aberdeen, being the oil capital of Europe, had a clientele that required legal assistance for complex immigration issues. A growing number of cases and the complexity involved led me to focus almost exclusively on immigration law, which I found intellectually stimulating and professionally rewarding.

    With over 20 years of experience, what key insights have you gained about the intricacies and challenges within immigration law that may not be apparent to those outside the field?

    One key insight is the profound impact of immigration law on individuals’ lives. It’s not just about legal procedures but about people’s futures, their ability to stay with their families, and their livelihood. The emotional and personal stakes are incredibly high, which adds a layer of complexity and responsibility to each case.

    Another challenge is the ever-evolving nature of immigration law. Policies and regulations change frequently, requiring constant learning and adaptation. Navigating these changes while advocating effectively for clients demands meticulous attention to detail and a comprehensive understanding of both the legal and human aspects of each case.

    Could you please provide examples of some of the most complex immigration cases you’ve handled and how you approached resolving them? What lessons did you learn from these experiences?

    Compared to London and other major cities in the UK, Aberdeen’s clientele is different. As Aberdeen is an oil capital in Europe, most of the clients are well educated professionals working in the oil industry. Therefore, they engage you only when a case is too complex for them to handle. As a result, almost all of my cases are quite complex. It was last week that I argued an appeal in which the UK government refused the appellant’s permanent residence/indefinite leave to remain application because the appellant has served a non-custodial sentence in a criminal case. The Home Office lawyer accepted before the judge that the application should not have been refused given that the appellant’s application to work in the UK had been approved despite a criminal conviction. In my argument, I relied on the principle of legitimate expectation, which was well received by the Home Office lawyer. We had another appeal where the husband of one of our clients was being removed from the UK due to criminal convictions. As a result of hugging his coworkers, he was convicted. It was my contention that the immigration rules that governed his removal contained an element of discretion. In this case, neither the UK government recognized or explained why discretion inherent in the immigration rule was exercised against the appellant. The judge allowed the appeal. Another case involved a Thai lady who was married to a British national and they had two British children. After the marriage ended, the British husband relocated to another part of the UK with the children. Due to the expiration of her visa and lack of funds, our client was able to move to the new city where her ex-husband and children had moved. Since her children lived away from her, the UK government refused her application on the ground that she was not actively involved in the upbringing of the children. Despite living away from her children due to circumstances beyond her control, I argued that she still had a genuine and enduring relationship with them. The appeal was dismissed, as were the applications to the Upper Tribunal. As a result of the Court of Session’s intervention, the matter was referred to the Upper Tribunal, where the appeal was ultimately allowed. 

    The lessons I learned from cases in which I didn’t receive a successful outcome initially are that ultimately success will be attained if the legal point is in our favor regardless of how many judges dislike it. 

    What inspired you to establish your own law firm, Vikas Sharma & Co Ltd, in Aberdeen? How does it differentiate itself in terms of approach and client experience compared to other firms in the area? Also, what challenges did you come across during the initial days of your firm?

    I joined Matthew Cohen Associates as the head of the immigration law department in 2010. It was in 2018 that I joined The Chamber Practice as a partner. Since I was running both firms’ immigration law departments, I was responsible for providing the best service to my clients. As a result, setting up Vikas Sharma and Co Ltd did not make a significant difference in the way the firm assisted clients. Having my name on my firm helped my previous clients find me and gave me more freedom to run my business. Besides the procedural requirements for setting up a law firm in Scotland, which are quite onerous, I had no problems because I have been serving people here for more than 15 years and my previous clients found me through Google reviews.

    Considering your background as an advocate in the Supreme Court of India, how do you perceive the differences in legal systems between India and the UK? Are there any insights from your experience in India that you apply to your practice in the UK?

    The process of preparing a case for court and presenting it to the court does not seem to differ much between India and Scotland. However, there are many other distinct differences, such as the requirement that a law firm be insured before starting to practise, and the Law Society of Scotland is much more strict in its regulation of this profession than Indian bar councils. At the outset, lawyers here are required to provide engagement letters outlining the costs involved and how unhappy clients can make complaints. The Law Society of Scotland regularly inspects law firms to ensure compliance with rules of practice. Keeping the office and clients’ bank accounts up-to-date is a mandatory requirement. Generally, lawyers specialize in one area of law, such as family law, immigration law, or criminal law. Lawyers must advise clients efficiently because the cost of cases can be enormous, otherwise, they will be liable for claims and complaints. Once the pleadings are complete and the case is ready to proceed to the evidence stage, the lawyers of the parties determine if their client’s case deserves to proceed to the next stage since the client could end up paying the other party’s legal costs. As far as I’m concerned, the Scottish legal profession is much more strictly regulated than that in India.

    Transitioning from practicing law in India to establishing yourself in the UK legal system must have been a significant change. Could you share your experiences and insights regarding this transition? What were some of the biggest challenges you faced, and how did you adapt your legal expertise to the new environment?

    Interestingly enough, I struggled little to establish myself as a lawyer here. Vincent Buffoni, the partner of the central law firm and an Oxford graduate, had earlier shown me trust, and later Matthew Cohen, a principal of a Scottish law firm, gave me an opportunity to appear in Scottish courts. In this region, I am the only Indian lawyer and have even appeared in smaller towns such as Peterhead and Stonehaven where English is spoken in a very different accent. In terms of my work, speaking English with an Indian accent or my origin has not had any adverse effects. My experience as a lawyer in India extends even to smaller towns such as Ratangarh and Shri Dungargarh, as well as the High Courts of Rajasthan and Delhi and the Supreme Court of India. Having moved from a small town to a higher court already prepared me to handle the changes and adapt to them. I believe that when it comes to practising as a lawyer, there are certain requirements regardless of the country or court: knowledge of facts, knowledge of applicable law, understanding the stakes for the client, empathy towards the client, and the ability to represent the client before a judge.

    Any new court requires adaptation, whether it is the District Court of India or the Supreme Court of India. In the same way, adapting to the courts of the UK involves a series of steps. As part of my adaptation process, I sought guidance from experienced colleagues and continued learning about the nuances of the UK legal system. A crucial step toward becoming an English and Scottish solicitor was passing the conversion exams. Additionally, I qualified as a solicitor in Ireland and worked with a firm there in 2017. I was able to successfully navigate this transition by embracing the differences and leveraging my foundational legal expertise.

    With your wealth of experience in the legal profession, what advice would you offer to the new generation of aspiring solicitors and advocates who are just beginning their careers, particularly those interested in specializing in immigration law?

    For aspiring solicitors and advocates, my advice is to develop a deep understanding of the law and stay updated with the latest developments. Immigration law is a dynamic field, and continuous learning is essential. Practical experience through internships and mentorship from seasoned professionals is invaluable.

    Specializing in immigration law requires empathy, patience, and a genuine desire to help people. Building strong client relationships and maintaining integrity in your practice are crucial. Always approach each case with meticulous preparation and a commitment to achieving the best outcome for your clients.

    We may enter this noble profession motivated by the motivation to help people, but it is the discipline that earns us credibility and reputation with clients, colleagues, and the judicial system. 

    Due to the ever-changing nature of immigration law in the UK, no one can claim to be an expert. It is therefore important that we stay on top of any amendments to the rules, regulations, policies, and statutes as students of law. 

    With the demands of your legal career, maintaining a healthy work-life balance is crucial. Could you share some of your favorite ways to relax and unwind outside of the office? How do these activities contribute to your overall well-being and productivity in your professional life?

    When I am in control of my work, I feel relaxed. Consequently, I try to answer all my emails and phone calls by the end of the day. If I am unable to complete the work, I email the client when I will complete it. In the end, it comes down to managing the expectations of others.

    After a difficult day at work, watching a good movie or web series helps me unwind. Since I have a sweet tooth, I run approximately 5 kilometers a day and do push-ups and squats on alternate days. Scotland is close to nature and picturesque, so I have chosen to settle there. It is relaxing to take a drive in the Scottish countryside and to have an Indian cup of tea to clear my mind. In spite of living in Scotland for almost 20 years, I remain a teetotaler and a vegetarian, so I still drown my stress in tea rather than Scotch.  

    Get in touch with Vikas Sharma-

  • “My thrust in the use of Artificial Intelligence is to see one day an autonomous body of knowledge, uninfluenced of facts and free from political and personal malaises, to provide a support system to the legal community on the merits and demerits of a lis to enable not only the legal practitioner but also all the stakeholders to understand where a judgement can possibly go”- Dr Sarosh Sam Bastawala, Senior Lawyer & Arbitrator, Argueing Counsel in Superior Court & Tribunals

    “My thrust in the use of Artificial Intelligence is to see one day an autonomous body of knowledge, uninfluenced of facts and free from political and personal malaises, to provide a support system to the legal community on the merits and demerits of a lis to enable not only the legal practitioner but also all the stakeholders to understand where a judgement can possibly go”- Dr Sarosh Sam Bastawala, Senior Lawyer & Arbitrator, Argueing Counsel in Superior Court & Tribunals

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Could you share with us what initially inspired you to pursue a career in law, and how your early experiences shaped your path?

    I cannot say that law was the first choice for a profession, but it was the unanimous opinion of my elders that as conditions for landowners were becoming difficult in the country, an In-house lawyer was required for a land-owning family, and so I was dumped in the quadrant of law. I have a principle in my life that if I must do something I should do it well, so I immersed myself in the study of law with great diligence and unlike most of the lawyers my favourite subject always was Jurisprudence i.e. to understand the philosophy and logic that goes behind all laws. They said that the first laws of the world were the ten commandments, handed over to the Prophet Moses by God himself. Scholars in antiquities like Plato and Manu interpreted these and with the liberal assistance of the British who saw it fit to impose the Anglo-Saxon system upon us.

    During the early part of my career, (if I remember correctly), I was a Junior with a senior lawyer who was then the Standing Counsel for the Department of Home Affairs in the State of Andhra Pradesh. However, within six months my Senior was elevated as a District Judge and for a better part of a decade took over his job of standing council for the department of Home Affairs. Later in the early 1990’s, I took up independent practice.

    Your educational background is quite extensive, with degrees in commerce and law, as well as research in artificial intelligence. How did your academic journey influence your approach to the legal profession?

    On the academic side immediately after LL.B., I joined LL.M. with “Jurisprudence”, as the main subject. However, after LL.M. there was nearly a decade when I undertook the then seemingly impossible subject of Artificial Intelligence with a research topic of “The Human Quest for Assurance in the Dispute settlement mechanism. A study of the Doctrine of Certainty in the Judicial Process”. At a time the subject of Artificial  Intelligence was then in its very nascent stage and even though the term Artificial Intelligence, was coined between 1956-1960, and were called “expert system” in the late 80’s. In the early 1990’s the concept of the Heuristic based model of creating a tree of knowledge was proposed and this was the best suited for legal research.  Then in Chicago a company called Mead Data Central had managed to convert thousands of American reports into computer readable form and were offering the same to lawyers over various rudimentary tools over FTP and other protocols available then.   Mead Data central went down to become the Lexis Nexis of today.

    My degree in commerce may have only sharpened my business acumen, not that I can speak about it much. My law degree, being a lover of history, I made it a point to know and understand the rationale and the logic behind every rule of law and its development from the simple societies of antiquity to the complex ecosystems today. My quest in the field of Artificial Intelligence was mostly focused on seeking  a sense of certainty in the dispute resolution process for any prospective litigant and practitioner, for in fact this is now enveloped in uncertainty, mainly due to the length of the litigation, the abilities and perception of various parties and lastly the most uncertain area is the exercise of discretion by the court. Sadly, my profession does not use Artificial Intelligence, for its true purpose and purport, and is mostly used to drive home a point, even if the same is wrong or misconceived.

    With over four decades of experience in litigation and dispute resolution, what have been some of the most challenging cases you’ve worked on, and what did you learn from them?

    As mostly a lawyer in commercial and contractual disputes in private practice my career has been confined to mundane interpretation of civil and contractual laws. In one matter which was for the forbearance for the invocation of Bank Guarantee, a very early case in this country were Courts at that time held that the duty of the bankers to fulfil his obligations was sacrosanct, the doctrine of Egregious frauds was invoked, to put on hold a so-called performance of the bank in favour of the fraudulent beneficiaries. Another Grey area of contractual law is the interpretation and enforcement of written form contracts, that is printed contracts normally thrust upon unsuspecting customers mostly by bankers, insurance companies, and large organisations. The classical theory of contract is an agreement between two persons who have similar bargaining power to arrive at a Consensus Ad idem, or meeting of minds, to form a contract, but this is absent in the matter of Written Form Contract, where the conditionality in the clauses are predetermined by one party.  Where one powerful party imposes and dictates terms to a significantly weaker party with no bargaining power this needs to be regulated by Law.

    You have significant expertise in international arbitration and mediation. How do you navigate the complexities of framing contracts with enforceable arbitration clauses, especially across different jurisdictions?

    In International Commercial Arbitrations, particularly where invocation or denial of insurance claims are concerned, the practitioner must put in a certain degree of his mediation skills into practice also. Enforceability of cross border contracts, particularly were jurisdictional courts are perceived to be biased, careful steps have to be taken first to bring the contracting party to a common forum of arbitration, conduct the arbitration obtained the award in whatever it may be and lastly the sheer vulgarities of domestic Courts and tribunals for the enforcement of the award and the loose seemed framework of the ICC is grossly inadequate to deal with belligerent parties.

    Your profile mentions various specialisations, including maritime law, aviation law, and commercial law. What drew you to these particular fields, and how do you manage to stay updated with the ever-evolving legal landscape?

    Many of the International commercial disputes, particularly when they deal with goods in transit require knowledge of laws of that particular mode of transportation like by sea and air sometimes in adjudication of contributory negligence and other related defences known to the law of torts.  Intricate knowledge of systems of applicable law to the subject as well as territorial application are in play, ascertain aspects of maritime law are also relating to conditionalities.

    As the chairman and founding trustee of The Heuristic Foundation and trustee of the Zal Maneck Foundation, how do you balance your legal career with your responsibilities in these educational and real estate management roles?

    It was during the formative years of the 1990’s that the Heuristic Foundation was created for the advancement of knowledge in various disciplines and a few institutions are aided by this foundation. In the matter of the Zal Maneck Foundation this is purely a family land holding trust, controlling and managing various vast bits of a Real estate owned by my family personally. After the passing of all my elders, I now head this organisation.

    You’ve conducted research on artificial intelligence in law and authored several works. Can you tell us more about your research interests and how you see the role of AI evolving in the legal field?

    My thrust in the use of Artificial Intelligence is to see one day an autonomous body of knowledge, uninfluenced of facts and free from political and personal malaises, to provide a support system to the legal community on the merits and demerits of a lis to enable not only the legal practitioner but also all the stakeholders to understand where a judgement can possibly go.

    Finally, with your extensive experience and knowledge, what advice would you give to fresh law graduates who are just starting their careers in the legal profession?

    As my journey also, has been one of very hard dedicated work, any new entrant in this field, particularly first generation lawyers should know and understand that hard work and thorough knowledge of the particular subject, along with the historical background, and all  surrounding circumstances should be well ingrained in the mind of the lawyer, as he stands up to face the bench or when he drafts a contract.     

    Get in touch with Dr Sarosh Sam Bastawala-

  • “Self-trust is the primary requirement. Understanding the fundamentals of law, good communication, time management, teamwork, dedication, critical thinking, and adaptability are equally important” – Savithri Sravanthi, Founder & Managing Partner at IUSTUS LEGAL

    “Self-trust is the primary requirement. Understanding the fundamentals of law, good communication, time management, teamwork, dedication, critical thinking, and adaptability are equally important” – Savithri Sravanthi, Founder & Managing Partner at IUSTUS LEGAL

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Could you share with us the story behind your decision to pursue a career in law? Does anything change for a women post-marriage? Looking back, would you revisit your career path? 

    Becoming a lawyer was my childhood dream. Unlike an add-on degree, I wanted the legal profession to be my primary career. My father was an accountant while my mom initially was a homemaker and later turned into an entrepreneur. Fortunately, as a child there was no pressure from my parents to choose the career path of their preference or excelling in academics. My choice of electing a legal profession as a career option was welcomed and completely supported by my parents. Relentless support from parents meant a lot to me, which motivated me to achieve a Gold Medal in my bachelor’s degree. 

    Family support for any lady post marriage undoubtedly helps her to retain her identity whereby she can balance her career aspirations with familial responsibilities. I have been fortunate to receive encouragement from my husband and kids, that I was able to achieve a Gold Medal in my Master’s degree 17 years after I completed my bachelors. 

    Time files, it has been more than 2 decades. If I look back, I feel it is deeply fulfilling and gratifying. I wholeheartedly thank my mentors, seniors, peers and family who contributed to my professional growth and being part of my life’s journey. 

    As a legal advisor across various sectors, including IT & ITES, Manufacturing, Real Estate, Pharma and Techlaw, what common challenges do you encounter, and how do you address them while ensuring compliance and legal efficacy?

    Every client reposes trust on their advisors, either legal or financial. As a legal counsel I pre-empt and aid our clients navigate through complex situations and challenges and comply with the laws to avoid potential risks and liabilities and seamlessly concentrate on their business goals. 

    Every organisation requires to comply with a plethora of laws which makes it important for companies to place reliance on subject matter experts. As a legal counsel, we advise on various laws based on the needs of our client, which include data protection, labour & employment laws, consumer protection laws, intellectual property rights, corporate and commercial laws.

    Creating awareness and conducting training sessions to the appropriate functions helps us to interact with the teams to explain to them the need for compliance and adverse effects of non-compliance. These sessions instill a value system and is a collaborative work as we share real time experiences  and challenges. We advise on legal compliance after assessing each client’s pain points and prepare policy or guidelines to suit their requirement within the legal framework. Periodic supervision, audits and team reviews with clients aid to keep a watch on adherence with ever changing laws. Compliance is not a one-time event but an on-going task. By doing so, organizations ensure they meet legal requirements, uphold ethical standards, and manage risks effectively. This proactive approach not only reduces the likelihood of non-compliance but also enhances overall organizational resilience and reputation.

    As a practitioner in Anti-Sexual Harassment Law, how do you approach training and awareness sessions for employees and internal committee members to foster a culture of respect and inclusivity within organizations?

    Sexual harassment is a social issue. It has been nearly a decade, that our Government enacted the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) yet many establishments remain oblivious to its existence or compliance. Like Consumer awareness this also needs to reach the people. Like the impact created by the ‘Jago Grahak Jago’ awareness program run by the Government, we need a similar movement to sensitize and create awareness of this beneficial legislation.

    Regular meetings with IC members is highly recommended, awareness sessions for employees are important likewise orientation to IC members is also equally critical, as they redress the complaints. IC members  have to be trained to ensure judicious redressal, as most of IC members are seniors and experts in their field but may not be from legal background hence may need assistance to understand the nuances of law and manner of conducting redressal process in a time bound manner. 

    Usually, participants /audience are silent for the first 15-20 minutes, some voice their concerns during the session while some wait until we conclude. But there are many queries which can be resolved only by training and interactive sessions. These sessions are to be attended by all, it should not be a women’s day event. Government has enacted the law but its implementation is a collective responsibility. 

    Could you elaborate on your involvement in Estate & Succession Planning and share insights into the importance of such planning for individuals and families, especially in the context of evolving legal frameworks?

    Estate and succession planning are complex processes that require careful consideration of legal, financial, and personal factors. It is a collaborative effort of legal, tax and financial professionals to meet their goals and safeguard their properties. Will is the most sought out option for many as it is easy. Whereas for High Networth Individuals and Ultra High Networth Individuals s structuring, distribution and transfer of assets /wealth to beneficiaries or legal heirs upon death is a complex task. Identifying assets, including real estate, investments, savings, retirals, insurance policies, prized possessions, and personal belongings itself is the first step, which is followed by structuring and so on.  Trusts can be useful for minimizing taxes, legal attachments, and providing for minor children or individuals with special needs. Pre-empting pros and cons and advising clients is challenging yet fulfilling once we reach the desired outcome. We partner with reputed financial advisors and family office experts to give our clients holistic solutions.Although we have laws, healthcare/ advance medical directives, such as living wills, outline an individual’s preferences for medical treatment and appoint someone to make healthcare decisions on their behalf if they are unable to do so. This is a very sensitive topic similar to that of a Will. No child can ask his parent to execute a Will to safeguard our assets or have advance medical directive in place to avoid issues in case of incapacity of parent to make a decision.  

    Justice M S Sonak, who serves on the Goa Bench of the Bombay High Court, became the first person in Goa to register a “living will”, an advance medical directive for his family for when he cannot make his own decisions. Such trailblazers pave the way and pass on a message that nothing is permanent. It is rational to pass on responsibility of taking decisions in case of health in case of an emergency or wealth in case of eventuality. 

    What inspired you to embark on the journey of founding your own firm, IUSTUS LEGAL, and what specific vision or goals did you aim to achieve through this endeavour? Could you share some of the significant challenges you encountered when establishing IUSTUS LEGAL?

    Starting a law firm or independent practice is a logical and common path for any legal professional in practice. I believe a silver lining during pandemic for me was clients both domestic and international realised that corporate legal services can be rendered effectively and efficiently using technology. E-meetings became the go-to venue and virtual data room a repository of documents. Personally, I noticed there were avenues and opportunities which were opened and I wanted to explore the waters as the market dynamics were changing and legal compliance was gaining a foothold due to enormous foreign investments and funding which prompted legal due diligence and paved the way for diversified agreements and mandated compliance under corporate and labour laws.

    I truly believed that it was the right time for me to make my deep rooted vision of providing just and fair legal services to clients into a reality. Initially, I was apprehensive, as it could be risky moving out of my comfort zone and setting up a firm from scratch. It meant less to no work and less to no steady income. I took a leap of faith and established IUSTUS Legal. IUSTUS is a name derived from IUSTITIA, the Lady of Justice (Nyaya Devta) and also means righteousness, ‘dharma’, being just and fair which is based on the vision to create value to every client in every entrusted matter. It is fulfilling when a client entrusts a matter to you and feels content when the desired outcome and refers to new clients or more matters.

    It has been nearly 3 years since I ventured on this journey and we are expanding. I feel elated when I say it was an all women team (and young mothers) who continue to balance both professional and personal responsibilities effectively. We are expanding with young professional minds joining us.  I am grateful to the Almighty for being the guiding light, to our amazing clients, competent team and my wonderful family.  

    Entrepreneurship comes with its risks and challenges, but if you have conviction in yourself and faith in God, the journey is beautiful. 

    What challenges did you encounter as a woman along the way that shaped your journey to becoming a seasoned legal professional and Managing Partner at IUSTUS LEGAL?

    Conventionally, the representation of women in the legal profession is low. Despite significant advancements, women face challenges and many let go of this profession due to gender discrimination, demanding timelines, constant comparisons, unrealistic expectations, work-life balance, motherhood etc. Support from seniors and family is important for any woman to pursue their career aspirations. I was fortunate that there have been only a few such instances more gender based, but have heard so many experiences from my friends and colleagues to quit the profession and change their career paths. 

    In fact many women colleagues leave the profession due to familial responsibilities or unsupportive family, post marriage or childbirth. Out of 30 women students in my class of 2000 batch, hardly a handful women are continuing in this profession, which is disheartening.

    I truly believe and advise young mothers, who have no support but have legal acumen and skill sets, could take up tasks where they could work from home or work as freelancers. 

    Earlier, litigation or corporate law were the only options, now the legal profession has further branched out. One can be a legal correspondent, legal analyst, part time lecturer, corporate lawyer, labour law consultant, POSH advisor. Quitting is easy, navigating through odds is a challenge worth trying.  

    How do you balance your work-life as a legal professional? How do you manage your work day?

    Time is the most precious commodity which is non-renewable, but we need to value both time and money. Legal profession is highly demanding. Striking a balance is not an easy task as profession and personal life are equally important. Based on situations, I have prioritized both professional growth and personal life. 

    In response to your question, I prioritize work every day before I start my work, I read a matter and make hand noting this helps me recollect the matter easily, avoid procrastination, except in case of emergencies and keep a watch on the deadlines, in case work spills beyond expected timeline I ensure apprising clients helps in maintaining a healthy and long standing professional relationship. I believe enriching client relationships and being updated with domain areas is also spending time productively as a lawyer. delegation of work with a team helps in productivity, time management and ability to focus on priority and high risks matters.

    Most of all, I believe in spending time with family and taking short breaks/getaways as it rejuvenates me. This helps growth of professional and personal lives

    What advice or suggestions would you offer to the next generation of aspiring legal professionals who are entering the field, especially in light of the evolving legal landscape and emerging challenges?

    Self-trust is the primary requirement for any aspiring student as comparisons are bound to happen and that should not adversely impact on your growth. Embarking as a lawyer is an exciting yet challenging journey. Understanding the fundamentals of law and research are key skill sets but good communication, time management, team work, dedication, critical thinking and adaptability are also equally important. 

    Formal education gives aspiring lawyers an overview of law but practical learning under a senior /mentor and gaining insights from experienced professionals enhances the knowledge, legal reasoning and application of the education judiciously. Attending workshops, conferences, networking aids in an impactful way to foster continuous learning. A legal professional must be willing to be a lifelong student to sustain and grow. My motto ‘if you are not updated, you are outdated’. Stay updated to continue and shine in this noble profession and collaborate with colleagues. One may not know everything but everyone will know something.

    I am happy to have been part of this pious profession and strongly urge students to consider this as their career option, if it aligns with their skill sets, interests, and career aspirations. Lawyers can positively influence the Country’s law & policy, make key contributions in people’s lives and decisions through their expert legal guidance. 

    Get in touch with Savithri Sravanthi –

  • “After 15 years of practice, I have come to see how few women stay on in the profession and put themselves out there – especially at negotiation tables in PE & M&A transactions”- Goda Raghavan, Advocate & Partner, AK Law Chambers

    “After 15 years of practice, I have come to see how few women stay on in the profession and put themselves out there – especially at negotiation tables in PE & M&A transactions”- Goda Raghavan, Advocate & Partner, AK Law Chambers

    This Interview has been published by Pragya Chandni and The SuperLawyer Team

    Ms. Raghavan, you have a remarkable career in corporate law, leading the Corporate Transactions practice at AK Law Chambers. Can you share with us the journey that led you to pursue a career in law and what sparked your interest in this field?

    I come from a family of litigating lawyers (my grandfather KR Gopivallabha Iyengar was a judge of the Karnataka High Court and my father, Mr. KG Raghavan, is a senior advocate in Bangalore) and I am now the third generation lawyer. While I was always keen on becoming a lawyer from very early on, I wanted to establish a practice to create an identity of my own and on my own merit and consequently, I wasn’t sure if I wanted to pursue litigation as my area of specialisation. In addition to being a lawyer, I am also a qualified company secretary. As part of the CS course, I worked with the GMR Group. During my stint for a little over a year there, I was exposed to working with the legal and secretarial team alongside the business vertical with a focus on getting business done within the framework of the law rather than academic interpretation of the law. I even had the opportunity to be a part of the board meetings. When I met my husband, Anirudh Krishnan, in London during my LLM at the London School of Economics, our idea was that if we were to setup our private practice together, our skill sets should complement each other and not duplicate. All of this instilled a keen sense of desire to work in an area that is a bridge between the business world and the law and consequently pursuing a career in corporate transactions was the perfect fit.

    Your educational background is impressive, with a Bachelors in Law from University Law College, Bangalore, and an LLM from the London School of Economics. How did your educational experiences shape your legal career and influence your specialization in corporate and commercial law?

    An undergrad degree equips you to be a lawyer sans specialisation in most 5 year programs However, the LLM degree in LSE, UK changed my perspective on how to approach a given factual matrix and debating the ‘why’ of the law given that I shared a classroom with some of the best students from top schools across the world and was taught by some of the world’s best subject matter specialists. While at LSE there were two specific courses that added to my already keen interest in corporate and commercial law – International Business Transactions and Project Finance & Public Private Partnerships. However, according to me, much of my specialisation came to me as a learning on my first job with Mr. TK Bhaskar. But I would like to add that, over the years, since I have setup my own vertical in the area of corporate commercial transactions at AK Law Chambers, the LLM has visibly given me an edge when a client has to decide between two or more prospective lawyers.

    Being a qualified company secretary and securing a gold medal is quite an achievement. How has this additional qualification complemented your legal practice, particularly in corporate transactions?

    Thank you. I believe that having an additional qualification such as the company secretaryship has definitely added an intangible benefit to my practice. I am now in a position to provide my clients with the wholistic advice on how to structure and negotiate a particular transaction not only from the legal point of view but also from the financial and secretarial point of view and any Private Equity or M&A transactions would necessarily involve all three aspects –  legal , finance and secretarial.

    You have been recognized by prestigious platforms such as Chambers & Partners, Thomson Reuters, and Legal 500. What do these accolades mean to you, and how have they impacted your professional journey and reputation in the legal community?

    The accolades are a recognition of the good work that one has done and a motivation to keep getting better each year. However, today the market is flooded with plenty of awards and several that come with a ‘nomination fee’ or a ‘registration fee’. We as a firm have a no payment for recognition policy and therefore I feel that those that I have earned are truly on the basis of the work we do. That being said, I am very grateful for the recognition and accolades that I have received and several of these carry a very good reputation and value internationally.

    Your work in private equity, mergers and acquisitions, and general corporate advisory has been highly acclaimed. Could you tell us more about one of the marquee deals you were involved in, specifically the Mahindra Logistics acquisition of Whizzard, and what made it stand out as the deal of the year?

    After 15 years of practice, I have come to see how few women stay on in the profession and put themselves out there – especially at negotiation tables in PE & M&A transactions. I’d like to use the word ‘marquee’ in two contexts – one where the deal itself is complicated and requires manoeuvring through the nuances of the law – like the Mahindra deal which was a deal involving an acquisition by a listed company and also had to be completed in a time bound manner of less than 5 days (where typically deals take around 45-90 days). There was another deal that I advised on wherein the investors from Mayalsia were exiting an Indian hospital and selling shares to a non-resident Indian and therefore the deal involved compliances and structuring under multiple jurisdiction. There is yet another deal I advised on which was a Rs. 1200 crores fund raise by a Section 8 company involved in a highly sensitive project in India. Some of these deals are in the public domain, while others are not. The other context of marquee, in my view is a transaction where the entire team of lawyers for all parties were all women – in this deal even the CFO of the investor was also a woman and when we closed the deal it left me with a sense of pride!

    In addition to your legal practice, you actively mentor the start-up community and engage with organizations like TiE Bangalore and NASSCOM. How do you balance these roles, and what drives your passion for supporting startups and innovation?

    I work with companies at all stages – companies that are still at an idea stage to multi-national companies that have several business verticals across countries. I would like to bring my expertise to help startups since they are the future of business in India and when they grow we grow with them. Organisations such a TiE, NASSCOM, etc provide a great platform for me to give back to the society in the way I can.

    Beyond your professional achievements, you are also a trained veena artist and serve on the executive committee of the Madras Music Academy. How do you integrate your passion for music with your demanding legal career, and what role does music play in your life?

    I have learnt the veena for over 30 years now and it was something that my mother was very particular about. Her objective in me being trained in music was two-fold, I would learn the music itself  and also would inculcate the art of being able to focus. I believe that this has truly helped me at several points. My profession can get a bit monotonous at times and music brings in the refreshing change to my day. I believe it is important to keep your passions alive outside of your profession so that when you take that break and come back to work, you are recharged to give your best.

    As someone who has achieved so much in both your professional and personal life, what advice would you give to fresh law graduates who are just starting their careers in the legal field?

    Use your time at your internships well to assess which is the area of law that interests you and not go behind the mere “image” of a practice that looks externally appealing. In my opinion the first boss is probably more important than the area of work since the mentorship that you receive in your initial years will shape your professional life for several years thereafter. Also, if you choose to take up a particular area of practice, give it atleast 2-3 years so that you are able to see the full cycle of a deal or a case and understand to some extent what the area of practice entails.

    Get in touch with Goda Raghavan-

  • “Lawyers are tools of social change in society. Observing my surroundings, where there are prevalent economic and social inequalities, I always wished to be a tool for social change.” – MANOHAR PRATAP, Advocate-on-Record at the Supreme Court of India.

    “Lawyers are tools of social change in society. Observing my surroundings, where there are prevalent economic and social inequalities, I always wished to be a tool for social change.” – MANOHAR PRATAP, Advocate-on-Record at the Supreme Court of India.

    This interview has been published by Namrata Singh and The SuperLawyer Team

    Can you share what initially inspired you to pursue a career in law, especially coming from a remote rural area in Bihar? Who showed you this career path of Law? Please allow us to walk through your journey.

    Right from the very beginning, i.e. primary school days, I used to read that most of the freedom fighters, politicians and ministers were lawyers. This fact developed thinking inside my mind that lawyers are tools of social change in society. Observing my surroundings, where there are prevalent economic and social inequalities, I always wished to be a tool for social change. Though initially, I tried social upliftment in the village through arranging plays, cleanliness drives and free tuition after passing intermediate examinations, I decided to choose law as a profession so that my passion could also be fulfilled.

    Transitioning from a Hindi medium school to studying law in English must have been challenging. How did you overcome these hurdles, and what advice would you give to students in similar situations?  

    Transitioning from Hindi Medium to English was the biggest challenge. Initially in school, I learnt translations from books, but later I chose more convenient ways to learn English by listening to Hindi and English news broadcasts respectively. Hindi and English broadcasts of BBC, DW (Deutsche Welle) and All India Radio on short waves helped me to a greater extent. Later in college, I used both Hindi and English medium books to study, however I used to write examinations in English. Watching English movies with subtitles also helped me in gaining vocabulary. After joining the courts, reading judgments regularly improved my English.

    Young students who are in similar situations are advised to read lots and lots of bilingual study materials and switch to English gradually. In the current times, knowledge of the English Language is a must for success at least in Supreme Court and High Courts. However, no one should feel shy in trying even if he/she feels that his English is not perfect. Even today, after almost a decade of law practice, sometimes I fail to find or remember exact English words for feelings that I wish to express to Court or somewhere else. So the most important part is to keep trying and to remember that none of the Indians speak English as their mother tongue and they all have learnt English sooner or later as a second language only.

    You have an extensive background working with legal stalwarts like Mr. K. K. Venugopal and Mr. Kapil Sibal. What are some key learnings you gained from these experiences?  

    Briefing legal stalwarts like Mr. K. K. Venugopal and Mr. Kapil Sibal are insightful. I have briefed them on many occasions in my independent matters. The biggest learning from briefing them is, to hear briefs patiently and carefully. Even though they are themselves an authority on some legal subject matters, but then also they take briefings very patiently and accommodate the viewpoints of juniors. In one of the matters wherein interpretation of the MMDR Act was involved, Mr. K. K. Venugopal, who was the Attorney General of India, had many detailed discussions with me as assisting counsel before giving the final Written Opinion to the State of Chhattisgarh.

    Since shifting your focus to the Supreme Court in 2016, how has your approach to handling cases evolved, and what unique challenges have you encountered?  

    After shifting practice in the Supreme Court, my approach has remained simple and steady. I never draft unnecessary bulky briefs and have never tried to mislead the Hon’ble Court or the opposite party. In the beginning years, my focal point of briefs was scattered but with experience, gradually, I have learnt to pinpoint the main legal issues involved in a case, so that the Hon’ble Court may not waste valuable judicial time in finding legal issues in a brief.

    The most unique challenge I have faced in the Supreme Court is the unbalanced approach of Hon’ble Benches in hearing cases that are led by Senior Advocates and Advocates. There is a general tendency among Judges that if a matter is represented by relatively young counsel, it must not be an important matter. Some benches even get angry and try to dissuade them from appearing in the Supreme Court threatening with costs.  

    You have been involved in various public interest litigations aimed at improving the judicial system. Can you discuss a specific PIL you worked on and its impact on society?  

    I remained part of many PILs. However, the most important PIL was ‘Youth Bar Association of India V Union of India’ reported in (2016) 9 SCC 473 wherein the Hon’ble Supreme Court was pleased to direct all states and Union Territories to upload a copy of FIR on respective websites within 24 hours of its registration. This judgment had a huge impact on the administration of justice. Earlier, common citizens were not able to get copies of FIR even after many attempts, now it can be obtained through some clicks online. In one of PIL ‘Manohar Pratap V Union of India’ W.P. (C) No. 780 of 2019, I raised issues of the deaths of hundreds of children in Bihar due to Encephalitis. The Hon’ble Supreme Court took a serious view in the matter and in reply filed by the State of Bihar, it was found that there is a complete lack of medical services in Bihar. Later the matter was disposed of with liberty to approach the High Court of Patna.

    During your tenure as Deputy Advocate General for the State of Chhattisgarh, what were some significant cases you handled, and what did this role teach you about state-level legal issues?  

    During my tenure as Deputy Advocate General, most of the matters handled by me were related to the MMDR Act and NGT Act. There are no such remarkable judgments to point out, however representing the state I learned about the stage-wise implementation of policies, and lacunas in State machinery leading to non-implementation of judgments.

    As a staunch supporter of mediation in matrimonial cases, how do you see mediation contributing to a more efficient and humane judicial process?  

    Mediation is an important tool for resolving disputes. From my personal experience, I found that there is a 50% success rate for resolving disputes through mediation, which is much better than dragging cases for years.

    As a staunch supporter of mediation in matrimonial cases, how do you see mediation contributing to a more efficient and humane judicial process? Can you elaborate on its effectiveness in resolving disputes compared to traditional litigation?  

    Most mediations are in matrimonial disputes arising from transfer petitions. I don’t do adversarial litigation in matrimonial disputes and always try to find an amicable solution through the help of mediators from the Supreme Court Legal Services Committee. Meditations in matrimonial disputes are completely averse to traditional litigation. When parties in matrimonial disputes go to Courts in traditional hearings, they develop animosity against each other which further deteriorates their relationship, and litigation keeps going on for years and years. However, in Mediation, when parties sit face to face in the presence of a mediator, with the comfort that their words cannot be used against each other in a Court of law, they open up and issues are generally resolved in 1 to 3 hearings. Which saves a lot of judicial time.

    Outside of your legal practice, what personal hobbies or interests do you pursue, and how do they help you maintain a work-life balance? 

    Outside my legal practice, I am a pet lover and I like to travel to serene places. I am a good swimmer. In my free time, I watch a lot of documentaries based on various social and other issues around the world.

    Looking ahead, what are your goals for your independent practice, and how do you plan to continue contributing to the legal field and society at large?   

    My goal in independent practice is to keep gradually rising and make space among already established names in the Supreme Court. For my contribution to society, I do many pro bono cases, mostly for persons in custody. All the matters that I argue in the Supreme Court are aimed towards strengthening the civil liberties and rights of common citizens. I believe that every advocate owes a duty to challenge arbitrary actions of Govts. which are aimed towards curtailing liberty in any manner. 

    Get in touch with Manohar Pratap-