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  • Dr.Atmaram Shelke on the experiences of being a professor of law and working with Ram Jethmalani

    Dr.Atmaram Shelke on the experiences of being a professor of law and working with Ram Jethmalani

     

    Dr. Atmaram Shelke is a professor at Symbiosis Law School, Pune, a constituent of Symbiosis International University. He is a Ph. D. He is one of the most knowledgeable professors in Symbiosis Law School, Pune. In this interview he talks about

    • The experiences of being in teaching field and the subjects that he prefers to teach
    • The skills that students need to imbibe to be a good researcher
    • Teaching experience at Ostfalia University, Germany
    • Experiences of working with Ram Jethmalani in his research project of “Handbook on IPC”
    • Being a part of Nani A. Palkhivala’s book review project.

    HOW WOULD YOU LIKE TO INTRODUCE YOURSELF TO OUR READERS?

    I am Dr. Atmaram Shelke, working at Symbiosis law school Pune, constituent of Symbiosis International University as a professor. I am also a recipient of two gold medals for standing first in LL.M. at Symbiosis International University (India).

     

    WAS TEACHING YOUR PASSION SINCE CHILDHOOD?

    Teaching has always been my passion. My father was also a teacher. In the second year of my LL.B. course, I used to take tuition for my classmates, juniors and even for a few seniors. So, teaching was always a passion and plan. Therefore immediately after my LL.B., I completed LL.M. and joined Symbiosis Law School, Pune.

     

    YOU COMPLETE TEN YEARS OF TEACHING (IN SYMBIOSIS) THIS YEAR, HOW HAS THE EXPERIENCE BEEN SO FAR? WHAT ACCORDING TO YOU IS UNIQUE ABOUT SYMBIOSIS AND ITS STUDENTS?

    It has been a wonderful experience. The students in Symbiosis are well informed about the current affairs and the latest developments in the field of law. So, the challenge that we as professors face is it that we have to cite current cases and go beyond the books. Also, in Symbiosis, there is a lot of emphasis on research and creation of knowledge.

     

    ANY SPECIAL OR MEMORABLE INCIDENTS IN YOUR TEACHING CAREER THAT YOU WOULD LIKE TO SHARE WITH US?

    Yes, there are many such incidents. Students thanking me for all the help I have given them through my teaching always gives a special unmatchable feeling. I think gratitude shown by students is the biggest award for any teacher.

     

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    ANY MAJOR CHALLENGES THAT YOU FACED IN YOUR ROLE AS A PROFFESSOR SO FAR?

    As I mentioned earlier, students show a lot more interest when current cases are being discussed and are used as examples to explain the concepts. So, we have to constantly update ourselves. I think that is one challenge which every law teacher faces.

     

    AT A PERSONAL LEVEL WHICH SUBJECT DO YOU PREFER TEACHING AND WHY?

    I prefer Constitutional Law, Administrative Law, Intellectual Property (IP) law and Information Technology (IT) Law. I prefer Constitutional Law because it is the base for other laws. Constitutional law and Administration Law both are logically developed subjects. There is lot of scope for analysis and criticism in both the subjects. IP & IT are evolving subjects. There are many challenges with regards to IP & IT. I have keen interest in IP and IT law subjects; therefore I even choose them for my Ph.D. research.

     

    WHAT SKILLS SHOULD ONE DEVELOP TO WRITE GOOD RESEARCH PAPERS AND ARTICLES?

    Writing skills and analytical skills are the pre-requisites for a good researcher. A good researcher should also have the quality to read and grasp important points, understand and comment (upon) apart from the ability to infer from the available data or material.

     

    YOU HAVE VISITED OSTFALIA UNIVERSITY IN BRUNSWICK, GERMANY AS A VISITING PROFESSOR UNDER THE DAAD “NEW PASSAGE TO INDIA” PROGRAMME IN 2014. KINDLY ELABORATE ON THE EXPERIENCE

    Ostfalia is a wonderful university. I had delivered lectures on Indian Legal System and challenges posed by Cyberspace. I had commented on problems posed by cyberspace in general and lacunae in Indian and German Laws. The presentations and discussion with professors there were well appreciated.

     

    AT THE OSTFALIA UNIVERSITY, DID YOU OBSERVE ANY DIFFERENCES BETWEEN THEIR CURICULLUM AND OURS?

    I think there is more emphasis on research and less spoon feeding. Students are given material at home; maximum lectures are written and copy of that is given to the students. The curriculum is basically research oriented.

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    YOU WERE A PART OF NANI A PALKHIVALA BOOK REVIEW PROJECT, KINDLY ELABORATE ON THE WORK THAT YOU DID  THERE.

    This project was given by Nani A. Palkhivala Trust to SLS, Pune. I was one of the members of this project and I am proud to say that I have received Nani A. Palkhival Trust Gold Medal for standing first in LL.M. We have revised and updated the book written by Nani A. Palkhivala and submitted it to the Nani A. Palkhivala Trust.

     

    YOU WERE ALSO A PART OF SENIOR ADVOCATE RAM JETHMALANI’S RESEARCH PROJECT ON “HANDBOOK ON IPC.” WHAT HAVE YOU GOT TO SAY ABOUT IT?

    This project was related to a book to be written by Adv. Ram Jethmalani on famous criminal cases. I was privileged to work with Adv. Ram Jethmalani sir. He is a true intellectual. I have learnt many things while working with him. We often used to meet and discuss with him about the project’s progress.

     

    WHAT FINAL ADVICE WOULD YOU LIKE TO  GIVE TO ALL THE LAW STUDENTS WHO ARE READING THIS RIGHT NOW?

    A law student always needs to be curious. It is the duty of law students (including the professors) to ensure that the rule of law is maintained. Primarily, it is duty of professor to research and guide judiciary, executive and legislative authorities and bring everybody on track as, whenever there is any wrong action, first reaction is from academics. We (Law professionals) have to work as a pressure group for justice in a democratic system; we shouldn’t just criticise the agents of justice system but also guide them. Law students should be the torch bearer and show the right path to society, legislatures, judiciary and government.

  • V V S N Raju, Corporate Lawyer, on establishing Juris Prime Law Services

    V V S N Raju, Corporate Lawyer, on establishing Juris Prime Law Services

    V V S N Raju graduated from Osmania Universtity (1990-1993). He is a Corporate Lawyer and has over 22 years of Experience as in-house counsel and external counsel for Corporates and Financial Institutions/Banks.
    His specialties include Banking, Corporate, Documentation, Real Estate, Recovery, Litigation, Arbitration, Project Finance, Restructuring, Securitization, Mergers and Acquisitions, government liaison and Employment Laws.

     

    In this interview he talks to us about:

    • Inception and basic motive behind establishing Juris Prime Law Services (Law Firm).
    • Challenges faced in the initial days of establishment.
    • Services provided by the firm.
    • Uniqueness of services provided by the law firm.

     

    Please share with us the inception and basic motive behind establishing Juris Prime Law Services.

    During 2005 (re-launched in 2015), there were not much law firms in Hyderabad to cater the Banking, real estate and Corporate needs of local clients. So I felt it was a good time to establish a law firm which would provide best legal solutions with a practical approach to cater the needs of the clients in and around Hyderabad.

      

    What challenges did you face in the initial days of establishment and how did you overcome that?

    Main challenge that we faced during the initial years was getting right kind of clients and recruiting right kind of human resources. In fact, these are the challenges which are faced by all the companies at all time.

    I sort of tried a trial method and recruited fresher’s and trained them so that they can provide legal services according to the standard and quality promised by our firm to our clients.

     

    What are the services provided by the firm and how it caters the need of clients in Hyderabad and elsewhere?

    Juris Prime Law Services is a full service law firm. We provide legal services in following fields:

    • Arbitration & Dispute Resolution
    • Banking & Finance
    • Company Incorporation
    • Corporate & Commercial Law
    • Employment & Labour Law
    • Foreign Investment
    • Intellectual Property Rights
    • Mergers & Acquisition
    • Litigation
    • Private Equity & Venture Capital
    • Project & Corporate Finance
    • Real Estate
    • Technology, Media & Telecom

    Being a full service law firm, we are capable of providing solution to all kinds of legal complexities faced by the clients under one umbrella. We structurize client’s transaction and provide practical solutions in a legal way.

     

    Please share with us the uniqueness of services provided by your law firm.

    We give problem oriented solutions. We believe in specialized rather than generalized solution which makes us different from our competitors.

     

    What milestones have you achieved till now?

    Our growth rate has been good and satisfactory. Since our inceptions there is no time for looking back as day by day we are progressing. Over the years we have been associated and empanelled with lot of Banks and large Corporates.

     

    Where do you see the firm in the long run?

    There is no road map as such because I believe in working hard which is a key to success. In coming 2 years we are hoping to see our revenue increasing by manifolds with a significant increase in no. of client and we from a firm of 11 headcount hope to become a team of 20 by March 2017.

     

     

     

  • Ritesh Maity, Litigation lawyer, on practising in the field of Labour and Industrial Law

    Ritesh Maity, Litigation lawyer, on practising in the field of Labour and Industrial Law

    Ritesh Maity graduated from University of Calcutta (2002-2007). He is practicing as a labour law advocate in Kolkata jurisdiction. He is specialized in dealing with various labour matters/ industrial disputes before the Learned Labour Courts, Industrial Tribunals, Employees’ Compensation Courts, Employees’ Insurance Court, and Payment of Wages Court etc. He has also represented clients before various controlling authorities dealing with payment of gratuity, wages and conciliation procedures.

     

    In this interview he talks to us about:

    • His life at University of Calcutta.
    • The co-curricular activities he participated in.
    • Why he focused primarily on industrial disputes along with consumer forum matter.
    • Advise for law students who start to prepare for their career while in Law College.

     

    What would be a brief introduction of yourself? 

    I am 33 years old, born and brought up in Kolkata. Apart from being a lawyer, a son and a husband, I love being a traveller, trekker, music lover and a hardcore movie watcher.

     

    Was it a childhood dream to take up law? What motivated you to pick this field? 

    I only thought of joining law school after my 10th. A cousin heavily influenced me to join law and guided me but surprising he never pursued career in law in spite of studying law.

     

    How was your life at University of Calcutta? Did you find that your law school education prepared you for your current life? 

    Life at the university was as usual. The initial interest (in the first year) was huge but I was dying to complete the course in the final year (fifth year). It is too boring to study law for five years with the same classmates. Calcutta University does not provide you much in terms of practical experience. If you want to become a litigating lawyer, you have to start from zero once you join the court. Frankly speaking, the university from where you have studied law does not matter in practical sense unless you want to bag a lucrative corporate job.

     

    What were the activities you were a part of at your college? 

    I participated in few moot courts, practical training in the court (but this was useless as you cannot understand or learn by visiting court for just a week) and participated in few legal awareness camps around rural Bengal.

     

    What made you get into the legal practice? 

    After completion of law, I did not want to join any firm or company. I wanted freedom and thus started practicing (although under a very able senior counsel) and I could not stop myself from continuing it.

     

    What made you focus primarily on industrial disputes along with consumer forum matter? 

    I was always interested in Human Resource and Industrial relations and somehow I got the opportunity to practice in this field of labour law and industrial law and the things just clicked. With due respect practising at consumer forum is slightly easier I believe. Once a client of mine whom I was assisting in the industrial disputes matter asked me to help him in a consumer related matter. I agreed to help and since then it is a history.

     

    What falls within your scope of responsibility? 

    Since I am a litigating lawyer, I have to handle the client as well as handle the Learned Judge. Entire responsibility is on me; how to convince and satisfy a client; how to draft, appear, plead, argue before the Judge; A to Z is done by me but yes there are clerks to help too.

     

    How competitive would you say the legal profession was when you entered it has it changed since then? 

    Legal profession is vast. You cannot really compare a corporate lawyer with a litigating lawyer or someone who does only registration of sale deeds or to a solicitor. Whether you are practising independently or drawing huge salary from a corporate house or engaged with a reputed law firm, every situation has its pros and cons. You have to decide what you want out of your profession (as well as your life). Competition in the field of law is huge, but fortunately there is lack of efficient competitors.

     

    How do you balance your professional life with your personal life given the heavily demanding working hours of the profession you have chosen? 

    Since I do not have any fixed working schedule, I may remain free or less busy during weekdays but I can be overburdened during weekends when family members expect me. This is a very tricky situation and you have to handle very carefully and smartly. Since I work from home office, at least I am able to remain in the house with my family members in spite of being busy.

     

    How would you advice a law student if one has to start on to preparing for a career while in college? 

    First decide why you want to study law. If you want to join a corporate job or want to earn high end salary then you have to join top law schools in India. If you want to be a litigating lawyer then remember that you have to work really hard for initial 10-15 years in order to be somewhere at least.

     

    Please share with us your journey so far. 

    So far so good both my learning as well as earning is in the upward curve. And being a litigating lawyer, I can make plans for travel and treks easily as I approve leave to myself.

     

    What would be your parting message to our readers?

    Be in this profession (or any profession) only if you love it.

  • Smita Reddy, Legal Consultant, Lexstart, on assisting other start-ups from their incorporation to being their in-house counsel

    Smita Reddy, Legal Consultant, Lexstart, on assisting other start-ups from their incorporation to being their in-house counsel

    Smita Reddy graduated from Gujarat National Law University in 2011. At present she is working at LexStart. LexStart is a start-up which primarily caters to other start-ups assisting right from their incorporation to being their in-house counsel.

     

    In this interview she talks to us about:

    • Importance of CGPA.
    • How her appointment at LexStart took place.
    • Difference in working at LexStart from Amarchand & Mangaldas.
    • Strategy to deal with errors and mistakes.

     

    How would you like to introduce yourself to our readers?

    My name is Smita Reddy. I graduated from Gujarat National Law University in 2011 and I am currently working at LexStart. LexStart is a start-up which primarily caters to other start-ups assisting right from their incorporation to being their in-house counsel!

     

    How important is a CGPA for recruiters to assess students?

    CGPA being extremely important for campus placements is a given. It helps recruiters understand that you are willing to give it your all, which is always a good thing. Since they don’t really have your work experience to grill you on, your CGPA is reflective of your attitude towards work.

    Having said that, I know of some brilliant lawyers who weren’t great students to begin with. So yes, while having a good CGPA is crucial, it is also imperative that you intern before you start working. I cannot begin to stress enough on how important internships are in shaping you as a lawyer. I see so many law students wasting their internships and so many wasted opportunities. What law students need to understand is that these internships also help you in networking, plus if you’ve done a good job, you’re sure to be called back or given a pre-placement offer.

     

    Did you face difficulties in the beginning of your work at Amarchand & Mangaldas?

    Yes and no, because the difficulties I faced were more to do with not knowing how to go about things. I was a little lost, but since I joined with 15 other people from my law school, the process may have been a lot smoother for me than it was for other people. It was quite overwhelming in that sense, but once I got the hang of things, knew what was required of me, it became easier.

    It also helps if you know and understand that no one expects you to know everything at this stage. This is exactly what I tell fresher’s. You only need to start worrying if you’re still lost at 3 years of working!

     

    When did the transformation from a law student to a lawyer take place?

    I think the transformation takes place from the moment you have to take charge of something. I remember the first major assignment (where I was solely responsible for things) I was given at AMSS was helping in filing Form FC TRS. Though it would have been simpler for my senior to do it, she assigned it to me because she thought it would help me understand how things work better. And it did!

    The moment you are responsible for something, you somehow take greater care, than you would if you had a senior reviewing your work. I was blessed that way, because I was always part of teams which weren’t too big to begin with, so good assignments would end up coming to the juniors in the team.   

    Do you believe that drafting legal documents is an essential skill that most law schools in India omit to teach their students?

    Yes! While, to be fair, we did have a legal drafting course in GNLU, a couple of months of a course do not help you in drafting legal documents. What is surprising is that drafting constitutes around 60% of your work as a lawyer, irrespective of the field you are in. It is a skill set which I believe is extremely important to have as a lawyer. Plus, if you have a course on drafting in law school, you are not just suddenly thrown into drafting a share purchase agreement, without knowing the basics.

    I have had interns who didn’t know how to do basic drafting, which is quite alarming,  which is why I think the current curriculum needs to undergo changes, maybe limit learning the theoretical aspect of law to the first couple of years, and focus more on developing you practically as a lawyer.

     

    How did your appointment at “LexStart” take place?

    It actually happened very quickly and at the right time, I must add. I live in Tirupati, I love the place but it isn’t exactly bustling with corporate lawyers. I had reached a point of my sabbatical where it was no longer fun to be doing nothing; I was getting antsy and had to start doing something.

    My first round of interview was with Anisha Patnaik, one of my co-founders. It happened thanks to this friend of mine who had reached out to me informing me that his senior wanted a legal consultant, and that it would even be okay if I wanted to work from home. That literally sealed the deal for me, because I wasn’t keen on moving out of Tirupati. Imagine you can reach from Point A to Point B in ten minutes!

    Anyway, I am digressing, once I heard that I could work from home, I immediately asked him to send me all the necessary details. The next day Anisha reached out to me and I just wasn’t prepared even though I had gone over my CV a million times before that. After my interview with Anisha, I spoke to my other co-founder, Karthik Chandrasekar. Post this I started working in a days’ time!

     

    How was the job interview? Do you remember any of the questions asked to you?

    It went rather well, given that I had absolutely lost touch with law in that one year of sabbatical! Also, my founders who took my interview made me feel at ease, being fully aware that I hadn’t worked in a while and may need some time to get back to the grind. They also encouraged me to ask them questions, which I thought was a pleasant change from the usual interviews that one is used to.

    I was asked questions around VC investments primarily; I was able to answer most questions, except for one. I remember it distinctly because the moment I answered the question, I knew I was wrong, the question was on liquidation preference and what does it mean for an investor.

     

    How is working at LexStart any different from working at Amarchand &  Mangaldas?

    I will always maintain I loved working at AMSS, Mumbai and Delhi and will always attribute my growth as a corporate lawyer to it.

    LexStart has been a different experience from AMSS, since you act as legal counsels to companies that are growing with you. What starts with helping in the incorporation of a new company also leads to acting as their lawyers in their Series D round of funding. What this has also done is given me a fair sense of what founders in start-ups expect their lawyers to do. Since I was one of the first few people to be recruited at LexStart, I had my hands full with transactions which I was to lead, which was wonderful, since this immediately gives you a sense of work ownership. Plus, there is so much happening in the start-up space, that there is never a dull moment at work!

     

    What has been your strategy to deal with errors and mistakes? How would you suggest a young associate to deal with them?

    In the past, whenever I have made a mistake, I have made it a point to inform my senior. What this ends up doing if helping you learn how to handle mistakes.

    My only advise to young associates would be to always reach out to your immediate supervisor or a senior on the particular transaction and let them know. DO NOT try and hide it and hope no one would notice, because someone will, or even fix it yourself. They will do the necessary damage control. Most importantly, learn from your mistakes, check things twice or even three times before sending them out.

    Having said that, please remember you are human, and you are bound to make mistakes now and then. Move on, don’t be too hard on yourself, because that will just make things worse.

     

    What is your message to young law students?

    Relax and breathe!

    There is a lot of worrying about targets and deadlines coming your way once you graduate law school, but please do take internships seriously. Try gaining experience across all fields, whether it is litigation, NGO or corporate internships. It is good to know what you want from your first year in law school, but overtime you evolve as a person, and may not enjoy the fat-cheque-paying-corporate job you once dreamed of getting. Know that these varied experiences help you understand what you would actually enjoy doing and make an informed decision when its time.

  • Ramakant Gaur, Partner, Ace Jurix, on work experience in litigation at Ace Jurix

    Ramakant Gaur, Partner, Ace Jurix, on work experience in litigation at Ace Jurix

    Ramakant Gaur graduated from Chaudhary Charan Singh College, Meerut in 1995. He is a game changer, defense lawyer for the complex litigations of Economic-Corporate-real estate disputes involving the criminal laws. He examines the matters closely like an investigator; ponders the prosecution’s point of view and then envisions the strategy for the defence, with his substantial experience.

    He has excelled in prosecution cases instituted by the Indian Dept. of Customs & Central Excise, Directorate of Revenue Intelligence (DRI), Directorate General of Central Excise Intelligence (DGCEI), Central Economic Intelligence Bureau, Enforcement Directorate, Economic Offense Wing and Crime Branch of Multi State Jurisdictions, Income Tax dept. etc. He has efficaciously pleaded as defence attorney, in the cases involving prevention of money laundering laws, Corruption laws & anti-drugs laws.

     

    In this interview he talks to us about:

    • The ways in which money laundering takes place.
    • Laws before and after Prevention of Money Laundering Act, 2002.
    • Lessons to be learn from various financial scams in India and abroad.
    • Role of national and international agencies to curb issue of money laundering.
    • Preventive measures taken to curb the flow of black money.

     

    What are the ways in which money laundering takes place? 

    Money laundering is a way to filter and convert ill-gotten money and conceal its illegitimate source so that it appears that the original source is a legitimate one. It is prevalent in many forms world-wide such as Hawala transactions, shell companies, terror financing, smurfing, etc. The scamsters or the money launderers generally follow these three steps, firstly, Placement of the proceeds of crime into the financial system, followed by Layering or doing away with the original source of illicit funds, and then Integrating the same into the financial system.

     

    What are the laws before and after Prevention of Money Laundering Act, 2002? What major amendments took place?

    Until 2002, several authorities under IT Act, Benami transactions Act, etc. adjudicated over the issue of money laundering, but with the alarming rate of transnational criminal financial activities, a need for holistic legislation gave way for the enactment of PMLA 2002. It has the provisions for the confiscation of tainted properties and was amended thrice, first in 2005, then in 2009 and then 2012. The PMLA (Amendment) Act, 2012 has enlarged the definition of money laundering by including activities such as concealment, acquisition, possession and use of proceeds of crime as criminal activities. Some other features are as follows: The amendment has introduced the concept of Corresponding law to link the provisions of Indian law with the laws of foreign countries and to provide for transfer of the proceeds of foreign predicate offence committed in any manner in India. It also adds the concept of ‘reporting entity’ which would include a banking company, financial institution, intermediary or a person carrying on a designated business or profession. The Prevention of Money Laundering Act, 2002 levied a fine up to Rs 5 lakh. The amendment act has removed this upper limit. The act has provided for provisional attachment and confiscation of property of any person (for a period not exceeding 180 days). This power may be exercised by the authority if it has reason to believe that the offence of money laundering has taken place. Part B of the Schedule in the erstwhile Act included only those crimes that are above Rs 30 lakh or more whereas Part A did not specify any monetary limit of the offence. The amended act has brought all the offences under Part A of the Schedule to ensure that the monetary thresholds do not apply to the offence of money laundering.

     

    What are the objectives of Prevention of Money Laundering Act, 2002? 

    The Act was introduced in order to combat and deal with the menace of Money Laundering and incidental activities in the nation in lines with India’s international obligation under the UN General Assembly’s resolution adopted in its Political Declaration and Global Program against Action. The Act majorly provides for the confiscation of the property obtained out of the proceeds of crime. It also imposes various obligations on banks, financial institutions and intermediaries to maintain records of all cash transactions. As the basic principles of evidence say that the burden to proof is on the part of the prosecution to prove the, this is the only statute where the onus lies on respondent to prove the legit source of income.

     

    Please share with us the success story of PMLA so far in the light of judicial pronouncements. Highlight some scandals and case studies.

    The PMLA has played undoubtedly played a deterrent role when it comes to combat/curb the menace of money laundering. The Enforcement Directorate, with the vigilant efforts made by FIU, CBDT, CBI, RBI and SEBI has confiscated crores of movable and immovable properties in the span of few years which were allegedly obtained from the proceeds of crime. It has spared absolutely nobody. From two tier-city businessmen to  top-notch names have find a mention in the hit-list of ED such as Vijay Mallya, Chagan Bhujbal, Subhrata Roy to name a few. As per the statute, ED has also attached properties situated abroad. The latest highlights being Augusta Westland case, Kingfisher fiasco, NSEL case, Kartik Chidambram and many more. ED has been absolutely ruthless in cracking down these alleged people.

     

    What are the lessons to be learnt from various financial scams in India and abroad? 

    To name any financial debacle in particular, would be an understatement. India has seen the infamous Hawala transactions, Satyam scam, chit fund scams, Ketan Parikh and Harshad Mehta, to name a few. They admonish towards the fact that banks and financial institutions have to be brought under the radar of regulatory and enforcement agencies. The cash transactions also have to be dragged under certain threshold limits.

    The success of RICO Act of USA, originally used to prosecute US Mafias US involved in organised crimes during 1980s, led to number of trials and convictions. It has a strong harmonious network with various enforcement agencies. On similar lines, creation of SIT on black money as a watchdog has taken a leap in investigation of black money in and out of India. As per the latest report of SIT, the data provided by the enforcement authorities shows that there are gaps in monitoring trade flows which are used by unscrupulous elements to take out precious capitals outside the country and thus damaging the fabric of the Indian economy and in order to deal with the same, the SIT has asked RBI to establish an institutional mechanism to track illicit financial flows and share data with other law enforcement agencies such as ED,DRI and CBDT and from the said data base various agencies can gather the relevant information for taking early appropriate action. This is so since the data available with one agency can be relevant to action expected to be taken by other law enforcement agency.

     

    What is the role of national and international agencies to curb issue of money laundering?

    Various special courts have been set up by the virtue of this Act for the purpose of trial of scheduled offences. The Enforcement Directorate has been responsible for the investigation and Prosecution of cases under PML. The Financial Intelligence Unit India (FIU-IND) is the nodal agency for the dissemination and analysis if the information pertaining to the suspicious financial activities. Apart from these, RBI, SEBI, CBDT, Police have been active at different levels to look into flow of Black money.

    At the international level, with the initiatives of UN Financial Action Task Force (FATF) was formed in 1989 to set standards and formulate policies to combat money laundering. It is today one of the most efficient organization working towards this directions, especially on Combating the Financing of Terrorism (CFT).  UN and many .other nations have enacted stricter laws on money laundering as well.

     

    What preventive measures are taken to curb the flow of black money? 

    Government enacting Black Money Act 2015 has been seen showing light at the end of the tunnel from where undisclosed foreign income enters into Indian system as it has stricter penalties for offences since it was the need of the hour. Also India has signed many Double Tax Avoidance Agreements, SIT has been setup to investigate this issue, and Income Declaration Scheme 2016 have been introduced, strict KYC norms to be followed by banks, Tax Information Exchange (TIE) Agreements are proposed and many other precautionary measures have been taken.

    SIT has been proposing several recommendations in this regard such as a ban on cash transactions above Rs. 3 lakhs and restricting cash holdings with individuals upto Rs. 15 Lakhs; then it has suggested to establish KYC registry; prior detection of the shell companies with the help of intelligence gathering and entrusting Serious Fraud Investigation Office (SFIO) to regularly mine the MCA 21 database for certain red flag indicators; to check upon the misuse of Participatory notes through KYC norms so as to detect the beneficial owner with the help of PAN card number. It has also suggested that all the cases pertaining to trade-based money laundering should be shared with ED by DRI so as to initiate investigation under PMLA. Therefore, our law-makers have set up the panacea to the problem of black money but its effective enforcement will be testified over the time.

     

    What are the loopholes in the current legal regime in India? 

    So far as prevention of money laundering is concerned it has been fairly able to do justice, but still it has certain grey areas. Real estate sector, jewellery and bullion, and NGOs are the most vulnerable sectors for occurrence of illicit financial transactions. Inadequate scrutiny structure for cash transactions, inefficient system to preserve confidential financial system and liberal attitude towards the non taxpayers are a few areas where our legal system is lagging behind.

    As, a defence lawyer of prevention of money laundering cases, it has been observed that the process of attaching properties of the accused by ED has ,mostly been done even before filing of any criminal complaint or a chargesheet been filed and thus infructuous. There is a lot that has to be done by all the vigilance authorities other than targeting big names and getting affected by media trials. The present situation demands major amendments in the grounds/process of attaching the properties under PMLA as till date this process has turned out to be absurd.

     

    What were the challenges you faced in shaping up your career as it stands today?

    There is no competition or challenge in the space whereas there are challenges, struggle and obstacles on the road. I preferred to create a space and develop a niche, reign of the economic loss. I had beaten the competition or challenge through strategy executed with the support of a flamboyant team.

     

    What would be your parting message to our readers?

    There is no shortcut to the success except hard-work. Before entering into the professional reign, study the market. No client looks for the ordinary lawyer. Start your career as a champion and excel.

     

  • Raj Panchmatia, Partner , Khaitan and Co., on work experience in litigation and disputes resolution

    Raj Panchmatia, Partner , Khaitan and Co., on work experience in litigation and disputes resolution

    Raj Panchmatia graduated from Mumbai University in 2000. He is a partner in the Dispute Resolution Practice group in the Mumbai Office and has a rich experience in the field of dispute resolution and commercial litigation, both at domestic and international fora. He has advised clients on a wide variety of claims under Indian Arbitration Laws, SIAC, LCIA, ICC, UNCITRAL and HKIAC and has extensive experience in dealing with disputes under all forms of contracts and agreements. Raj also advises clients on litigation before the Supreme Court of India, various High Courts of the country, the Securities Appellate Tribunal and the Company Law Board.

    Raj has worked on a number of corporate and commercial litigation matters for various private equity investors, multinational and industrial houses of the country, including prominent infrastructure, real estate, automobile, defence, hospitality, public sector undertakings and ship building companies. Raj has also represented the Government of India on various dispute resolution matters.

     

    In this interview he talks to us about:

    • His work at Khaitan and Co.
    • Necessity of a mentor or guide.
    • Difficulties faced in the early days of practice.
    • How he keep himself abreast with latest industry news and trends.

     

    You graduated from Mumbai University in 2000. What was the legal profession like back then? What were your objectives as a law student?

    Legal profession back then was still technologically evolving. Those were interesting times,as law could be found only in books and not on Google. My senior told me – work hard and rest will follow.

     

    How is your work at Khaitan and Co.? Please tell us a bit about your work profile. What are the responsibilities you are entrusted with?

    I am a partner at Khaitan. My core area of practice is litigation and disputes resolution. At Khaitan, I have been fortunate to be part of some of the biggest litigations and arbitrations of recent times, in terms of value and significance. My clients vary from international companies, PSUs and Indian promoters in all sectors. Joint venture disputes seem to be in vogue these days, and I advise on many of them as well. As a partner in a law firm, soft skills play an equally important role as legal skills. As a Partner your responsibility would also include building and managing a team which is effective and a practice which is robust.

     

    How necessary is it to have a mentor or guide to handhold a young lawyer while still in the formative years of the profession? Did you have one?

    It is good to have a mentor and a guide in your formative years who is willing to guide you through the nuances of the practice, especially if one comes from a non-legal background. In my formative years I had an opportunity to train under some of the finest legal minds Late Mr. D M Popat, Senior Partner of Mulla & Mulla & Crige Blunt and Caroe and Mr. D D Udeshi, Partner of Udwadia & Udeshi as it then was. I also had an opportunity to work under Mr. D E Udwadia, who exposed me to corporate laws, which has been very helpful in dealing with corporate disputes of today.

     

    What were the difficulties you faced in the early days of your practice? How many years of hard work does it require to build a firm clientele?

    Let me put it this way, if you are willing to learn and work hard, things become easier. There used to be paltry sum of stipend (compared to what interns make these days) and hours were long. I never said no for any kind of work that came my way. As I don’t come from a family of lawyers, learning on the job was the most effective way. It was tough but satisfying. Unlike in the present times technology was not so easily available and research would take far more time. I had to learn the ways to complete the research efficiently and without missing any important points. This exposed me to a variety of laws, and I gained rich and vast experience. The crucial thing, which I feel I learnt from the experience, was to apply innovative and lateral thinking, despite time pressure.

    You build relationships not clientele. You need to build trust and provide consistent quality advice. There are no fixed timelines for this.

     

    Could you tell us about the atmosphere in each of the places you have worked and what one should keep in mind before joining?

    I have been part of a large as well as a mid-size organization. Each organization has its own systems, which essentially shows the values and beliefs of its founders/partners. Fortunately, every place I worked at had an atmosphere of trust and it felt like a big family, which helped me grow professionally as well as individually.

    I would say that before joining a firm, one should first understand the ethos of the firm as a whole. One should choose an organisation that is known for its integrity, value systems and has a work culture that allows its resources to flourish and bring excellence at their work.

     

    From an Articled Clerk to Advocate and Solicitor assistant at Mulla and Mulla and Craigie Blunt & Caroe, how did it happen? What are the important attributes for an Articled Clerk to work on?

    I joined Mulla & Mulla after I qualified as an Advocate and then went on to qualify as a Solicitor. In hindsight, it was perhaps one of the best career decisions I made as I found the learning curve to be extremely satisfying. My initial training in Mullas gave me a firm foundation. There was a lot of hard work, research and reading. Practice then was not slotted in compartments which meant,I got experience in various spheres of law.

    Once a candidate decides to become an articled clerk, and has chosen a master to learn from, it is then most important to put his full faith and trust in his master.  So decide well under whom and where you want to article, as this is the place which will make a lawyer out of you.

     

    How do you keep yourself abreast with latest industry news and trends?

    At Khaitan we have a very good initiative which is CLE (Continuous Learning Exercise) which helps all its advocates keep themselves updated. A CLE is a monthly session where all teams present updates from their respective practice areas, followed by a brief discussion. These sessions are very helpful as you get to interact with lawyers experienced in that field. I also read judgments, legal journals and magazines as time permits. Discussing and sharing issues with my colleagues is also helpful and often bring out new nuances and directions.

     

    You have authored articles in various Indian and International legal journals. Please share with our readers your experience.

    Writing is not something which came to me naturally. Having said that, once you make an effort and if the result is even partially satisfying, it is a huge gratification. I intend to explore this more. Of course my team has been extremely supportive in my efforts and credit must go to them as well.

     

    What would be your parting message to law students?

    I can only pass on which I inherited and strongly believe in – Be true to yourself and true to your work and the rest will follow. Never shy from working hard.

     

  • Trupti Kulkarni, Senior Consultant, Vahura, on being a Candidate Engagement Lead at Vahura

    Trupti Kulkarni, Senior Consultant, Vahura, on being a Candidate Engagement Lead at Vahura

    Trupti Kulkarni graduated from University Law College, Bangalore in 2005. She joined Accenture Services Private Limited where she worked for an Insurance Process handling Motor Insurance Claims. She also worked with Honeywell Technology Solutions and TPI Advisory Services handling Contract Management.
    At Vahura, Trupti used to head recruitment at senior and mid- level, for corporates and law firms, concentrating on South India. She has regularly worked on General Counsel and Senior Management positions in the IT, infrastructure, manufacturing, pharma, FMCG space. More recently she has moved on to internal functions within the organisation focusing on Candidate Engagement and Employee Motivation initiatives. She also handles internal recruitment at Vahura.

     

    In this interview she talks to us about:

    • What prompted her to join Vahura.
    • Impacts on her after joining Vahura.
    • How legal education and training helped her in the present role.
    • Advice to a young lawyer if he/she wants to tread the alternate career path.

      

    How would you like to introduce yourself to our readers?

    I am a lawyer by training and a HR professional by choice. I passed out of the Bangalore University Law College in 2005. I am a second generation lawyer. My father is an advocate with more than 35 years of practice at the Bar. He handles matters pertaining to Writ Jurisdiction, Service and Constitution among others. My brother and sister-in-law are also lawyers. My brother works as an In-House lawyer while my sister-in-law has taken a break from active practice. So, in a way, I am the lawyer who took the bypass route J  I worked in-house with Accenture. Honeywell and did a brief stint with a company called TPI Advisory Services where I handled contract management. For more than 6 years now I have been working with Vahura where I have had the opportunity to don many hats and to prove myself in areas which have been new to me. I am also a mother of 2 and hence am on a constant balancing act.

     

    What prompted you to think of law as a career? If not law, what other options would you have considered for your career?

    Like I mentioned, I come from a family of lawyers. Dinner conversations are usually about all the court room drama and about how legal issues could have been handled differently. Some of my earliest memories from childhood are about clients walking in to our home cum office, even on Sundays, to have a discussion with my dad. Infact he has been and will always be a deep influence in my life. My dad gave up a Central Government job with the Telecom Department (8 years to be precise) to study law and to start afresh. Through sheer determination and hard work he established himself in the field to get to where he is today. With such a role model it only seemed natural for me to follow the same path. Even before I could complete my pre-university from the prestigious Mount Carmel College in Bangalore, I knew I would be studying law for the next 5 years. Now when I look back, I think that if I hadn’t tread this path, I would probably have gone on to obtain a degree in Communication Studies or Psychology at Mount Carmel and would be in a role related to either of them.

     

    What prompted you to change the track and join Vahura?

    My family always knew that I was more of a people’s person- someone who would be good at people interaction and counselling. I guess I took some time to realise what they already knew. By the time I had changed 3 jobs I was starting to feel that there was something missing. I was a trained lawyer so I didn’t want to be completely out of the profession, but at the same time I felt that I should be doing something different and unconventional. I was not sure what that was, though. One day, on my brother’s suggestion, I got onto the Vahura (then a part of Rainmaker) website to hunt for a job. Instead, I was more curious to read about the team there and what they did. What I read about them intrigued me. Suddenly, the missing piece of the puzzle seemed to fall in place. I contacted Vahura to ask if they were hiring. Although, they weren’t at that point of time, they reached back to me a few months later. There has been no looking back since then.

     

    What is the reaction of people when they hear about what you do, especially friends and family?

    I have been with Vahura for quite some time now and so most people who know me, know what I do as well. In a way, Vahura and my role here has become a part of my identity. Friends and family are generally curious to know what I mean when I say I work for a legal talent management firm. They want to understand how it works and what the business model is. Most of them usually find it interesting and say that they didn’t know something like this existed! A lot of them find what I do pretty cool and have even asked me if we would be hiring.

     

    Do you miss a corporate career and the perks that come with it? How easy was the transition from being an In-House Lawyer to joining a startup like Vahura?

    Since the shift was a conscious and well thought of decision, I was prepared for all the changes that would accompany it. I do remember, that have worked with a company having 5000 odd employees on campus, coming into a small office with just 2 other colleagues for company felt a little strange, initially. But the work was so interesting, there were so many new people to meet, so many different things to learn that I didn’t mind at all. The best part was not being tied to the desk. Meeting clients and professionals meant that I was constantly outside. That always helped break the monotony and made work exciting. Infact, it’s so easy to get lost in the crowd when you work for a bigger organization. Here, each small contribution that you make stands out and earns you recognition. Of course, you probably don’t get the same perks that would have come from working with a bigger organization. But then the flexibility, the opportunity to take on more responsibility, the ability to grow quickly and to expand on your learning are unmatched. They more than make up for anything else that you miss out on otherwise. I have always been very sure about what I do not want in terms of a career- long work hours, system bound work procedures etc, don’t interest me. That way, I feel that I have got more than what I could have asked for.

     

    How has the decision to join Vahura impacted you as a person and your growth as an individual? 

    I would say that the impact has been tremendous. I am much more confident as a person. My present role has helped me realise my own strength and the organization has seen potential in me when I myself have not. I can confidently say that I have learnt much more in these past 6 odd years than I have in any of my previous roles. I started off as a legal recruiter and was soon overseeing hiring for the entire Southern region (law firms and in-house included). When I was back from a maternity break and requested for a change of role, I was quickly absorbed into more strategic functions. I currently oversee Internal Functions and People Management, besides handling Performance Management and Internal Talent Acquisition for the organization. I also got one of the biggest opportunities in my life when I became one of the Directors on the Board, about a year and half ago. I can proudly say that I am the first Woman Director at Vahura! I don’t think I would have got this opportunity anywhere else and that too so early on in my career. If I look back at my career graph and see the entire gamut of work that I have handled, I see no regrets and I feel satisfied.

     

    How has your legal education and training helped you in your present role?

    My legal education and training has been a big advantage in all the roles that I have played at Vahura. We touch all aspects of Legal Talent – recruiting, consulting, governance, mentorship, community engagement. Although a legal education is not a pre-requisite for all this, it does make a huge difference. When I am recruiting a lawyer for the legal team of a company, it helps if I have been an in-house lawyer myself. It gives me an intuitive understanding, backed by practical experience which works very well for the client as well. So also, as a HR Manager for Vahura, my previous corporate experience has come handy in implementing best practices and recommending changes for the organizational well-being.

     

    If you were to do one thing differently, with respect to your career, what would that be?

    I would probably go back to law school and would take my internships and moots more seriously! Not that they have impacted my career progress and have affected what I am today. But they would have definitely helped me make a more informed choice and would have helped me figure out faster what WOULD NOT work for me. I interact with law students/ fresh graduates now and see how well prepared they are and how thoroughly they have researched about what they want. I can’t help but feel a pang of envy! I admire them for knowing what they want, so early on in life. It definitely gives you an edge and helps you stay focused.

     

    What would be your advice to a young lawyer if he/she wants to tread the alternate career path? 

    We are all in a noble profession. The opportunity to make a difference in society and in the lives of others is so much more for us as lawyers. Whether you are a litigating lawyer who is fighting for the right cause or a corporate/ law firm lawyer impacting businesses decisions, there is no limit to what you can achieve in this field. If that is not your cup of tea, then you can always be an ‘alternate lawyer’ like me and help make an impact by being on the other side of things. The ways in which you can do that are unlimited. For instance, I am presently heading a project at Vahura called ReLawnch. It is aimed at helping women lawyers make a comeback into the profession after they have taken a career break. We have had our first success by helping a woman professional start her career in litigation. The entire experience is so fulfilling and enriching that it is unparalled. To know that what you do makes you happy and that you are doing your bit to make the world that much better- that is when you know that you are doing the right thing! And if that means doing something unconventional and taking the road less travelled, so be it. If it doesn’t work, you always have the option to get back to the core legal profession. But it is important to try before you arrive at that decision.

  • Vedula Venkata Vyagraeshwara Sastry, Senior Associate, Khaitan and Co., on work experience in litigation at Khaitan and Co.

    Vedula Venkata Vyagraeshwara Sastry, Senior Associate, Khaitan and Co., on work experience in litigation at Khaitan and Co.

    Vedula Venkata Vyagraeshwara Sastry graduated from South Calcutta Law College (2006-2011). At present, he is working with Khaitan and Co. as a Senior Associate. His areas of practice include litigation (both civil & criminal), Dispute Resolution, Banking laws, Litigation & Corporate Advisories, Legal drafting & Legal research, General Corporate and Admirality matters.

     

    In this interview he talks to us about:

    • His experience at Khaitan and Co. till now.
    • Main areas of law he deals with.
    • Recruitment process at Khaitan nd Co.
    • Advise to law students who suffers difficulty in finding their area of interest.

     

    As a senior associate in Khaitan and Co., what is the work experience you have gathered till now?

    I consider myself lucky as I had the opportunity of starting my career from Khaitan & Co. and with the guidance of my mentor, Mr. Arvind Jhunjhunwala, Senior Partner of the firm all throughout, I got immense opportunities to work on new and interesting matters. Presently, I shall complete my five years in the firm this December 2016, however, I would say my extra three years exposure to work during my college days at the firm was more fruitful. Right from my early days in the firm till today, I am getting involved in variety of work and which includes  Civil matters, Company Matters Arbitration matters, Insolvency Laws, Constitutional matters Admiralty matters, Environmental matters, Consumer matters, Matters under the MSME Act, Testamentary matters, Matters relating to Debt Recovery Laws and Criminal matters.

    More importantly, my mentor always used to lay emphasis on two things First) all litigation lawyers working in a firm should make an endeavor to act and represent client’s in court with the limited assistance of Independent Counsel and should not act a Post office.  I have taken full advantage of this, and have started appearing and  arguing before Courts and also before various tribunals starting from DRT’s, CLB now NCLT , NGT, Estate Officer right from my trainee days and this is very important. I still remember that during my early days, I happened to appear before DRT to seek an adjournment on the ground of my colleague (who was in charge of the matter) and who was not present on that day. I thought it is simple so I agreed.  I was new then, was not even aware of the matter and I simply went and submitted the same. The LD member after hearing me has just said that “…Your client has admitted the dues, so I am passing an order directing your client to pay…” I was speechless, could not even react and accordingly the LD DRT passed an order directing my client to deposit around fourteen crores. From that day I decided that I will never endeavor to pray for adjournment and shall always endeavor to be fully ready and argue the matter. I must say that matter taught me the lesson to fight and after that the banks have resorted to various forums to recover the amount but I always stood in their way and ultimately the matter got settled but it was an experienceand b) Second, we should always be ready to accept the work and render our service even at the eleventh hour. I still remember that for my first matter, I had to work the whole night of 31st December 2011, and 1 January 2012, though my friends were enjoying the new year party  but  then I realized that this is the real challenge which as litigation lawyers we should be ready to take and still today, I do the same.

     

    What are the main areas of law that you deal with? What does a senior associate have to do at a big law firm like this?

    I am not a specialist lawyer and I do all things which come across. My main forte includes civil matters, Company Matters Arbitration matters, Insolvency Laws, Constitutional matters Admiralty matters, Environmental matters, Testamentary matters, Matters relating to Debt Recovery Laws, Consumer matters, Matters under the MSME act and Criminal matters.

    As a Senior Associate the responsibility is to ensure that you give the best service to your client. We should try and aim a situation where the client should repose full faith in the decisions and strategy advised by us. Once, a client is happy with the work and the service that would automatically pave way for new clients without any display of PR skills.

     

    What skills and qualities do you think have helped you achieve your current position and stature?

    First is hard work. There is no substitute to hard work. We all may not be intelligent but we should be hard working. I always wanted to be a lawyer and I love what I do and I work  hard for it and  Second is the Assistance you get from your mentors, I have been lucky that I go the guidance of eminent legal professionals, to name them, My Senior Mr. Jhunjhunwala,  Mr. S N Moookherjee, Senior Advocate, who allowed me to attend his chamber and to use his library after my work hours at the firm and have always guided me and and Mr. Anirban Ray, Advocate who always guides me in resolving the  legal problems. They all have provided me with quality guidance and have extracted the best out of me.

     

    What is your opinion when people say that all they have learnt is in their years of practice? What was the case in your situation?

    I agree to this as the same applies to me. Practice makes a man perfect and for lawyers both corporate and litigation it is the practice and application of law which grooms them. In college days, we don’t even realize as to how the real world would be and this system has to change. Education needs to be more precise and simple. The authorities should endeavor to act in a manner that every individual who graduates law must be in sync with the practical reality of life. Life in college is different then what exactly it appears when one chooses to join litigation and to act as a Counsel. The dimensions of life vis-a-vis in the present competitive world requires a robust system of education and learning which will make law graduates more self-sufficient

     

    Please tell us the recruitment process at Khaitan and Co.? How did your appointment take place?

    I believe our office has campus recruitment, where students studying at different law schools are selected. I have also seen lateral hires. So it all depends. Since I was associated with the firm since my college days, and was shaping up well, so maybe I got recruited after I graduated law in the year 2011 itself.

     

    What changes has being a senior associate brought into your life, do you ever feel that there is excess of work load on you?

    I do not feel any change. Life is the same. I always want more work as I do not like to sit idle and also do not like to keep things pending. I wish we had a day more than 24 hours, so that I can devote substantial time what I love doing.

     

    Have you ever considered litigation or starting up on your own? Would you say the opportunity a firm provides for a young lawyer is worth the trade off in building reputation?

    I am enjoying what I am doing and the  level of freedom  that my   mentor has entrusted me at work  cannot be compared so  idea  of doing independently never came across to my mind till now.

     

    You are working with Khaitan and Co. since your college days. What would you say contributes to the high attrition rate of the top law firms?

    It depends to person to person and also largely on the individual goals a person has for himself. Higher attrition rate is everywhere and nothing particular with law firms.

     

    Lots of students find it very difficult to find their area of interest. What would be your advice to law student or young lawyer who is suffering from this dilemma?

    Read well. And focus on what you want to be and aim for that. Never lose hope and always keep trying. Please try and aim what you want to be. Identity your strengths and weakness as this shall help you to focus on the areas which needs more attention. Enjoy your college learning days but at the same time also pursue your dream.

     

    Where do you see yourself ten years down the line? Do you aspire to be like somebody from this field?

    Ten years too far, Honestly, I have not planned that far. Presently, I want to be the most sought after lawyer by continuing what I am doing.  I want to make sure every client who comes to me is satisfied with the quality of services and that should pave way for new opportunities of assisting new client’s.

  • Prashant Chandra, Associate, Vox Juris, on work experience in litigation at Vox Juris

    Prashant Chandra, Associate, Vox Juris, on work experience in litigation at Vox Juris

    Prashant Chandra graduated from Campus Law Centre, Faculty of Law, University of Delhi in 2011. He is a diligent and well read lawyer with acute legal acumen and professional commitment.
    With more than 3 yrs into litigation, he has handled the panel work of ICICI Bank, HDFC Bank, HDFC Standard Life Insurance Co., TATA AIA Insurance Co., Future Generali Life Insurance Co. and Aviva Life insurance Co. before various Forums/NCDRC along with trail in civil disputes viz. recovery, service, property matters before Delhi High Court and various District Courts of Delhi. At present, he is working as an associate at Vox Juris.

     

    In this interview he talks to us about:

    • Challenges he faced as an advocate in Delhi High Court.
    • Importance of mooting and academic writing.
    • Difference between a practice in a High Court and the Supreme Court.
    • How he decided to write his book “The Tumult over Law of Homosexuality”.

     

    What would be a brief introduction of you?

    I am a first generation lawyer. I am dedicated towards my work and very passionate for litigation. I come from a family of academicians and government employees. Throughout my student life I have been very active in various extracurricular activities and been involved in different vocations. I did LL.B. as 3yrs law course after my graduation so I had enough time to be involved in different professions. After having experience in different fields, I finally chose litigation as profession since it keeps me in a constant phase of motivation, gives me a chance to daily improve myself and achieve whatever I desire.

     

    Please elaborate on the motivating factors which helped you in choosing legal studies.

    Throughout my life I have been inquisitive about only two aspects related to anything- Firstly, the science behind a particular thing and secondly, the logic behind existence of that particular thing in that particular form. The science part involves all the technical knowhow of invention and things related to chemistry and physics whereas the logic part involves all the issues related to the rules/law governing that particular thing.

    Simply put, whenever I use any object, say a pen, the first two questions which come in my mind are: (1.) How that particular pen was crafted viz. ink put in a sleek tube/refill, writing tip made etc. (2.) Who determines the specifications related to a pen, what standards are to be maintained, what size and characteristics of a pen should be set, so as to give it a standard definition. When we look answers for such questions, we find that there is a Ball Point Pens and Refills Committee, formed by Indian Standard Institution regulating the manufacturing details of ball pens. Since I couldn’t cope up with chemistry, I decided at the initial stage of my career that I’d pursue my career in a direction which doesn’t involve studying science and would devote my time in answering the second question i.e. knowing the law governing the society.

     

    Were there any activities you participated in that honed your skills as a litigator? How are they relevant now?

    In 1st year of LL.B., I was able to qualify as a member of Moot Court Society, CLC, Faculty of Law, University of Delhi. Later on I kept myself engaged as participant as well as volunteer in other Moot Court Competitions organized in Faculty of Law. In 2nd year of LL.B., I did internship in Supreme Court of India. In 3rd year, I did internship in District Courts of Delhi and for two months in Dehradun District Court also.

     

    How did you prepare for the Bar in a span of a few months?

    I collected the material and question papers of previous years AIBE from my friends and prepared accordingly. It’s an open book paper so I also took those books and few bare acts. While preparing for AIBE along with the main portion of law one should focus on the practical aspect of law viz. limitation periods, date of amendments, punishments prescribed for major offences, authority of judges etc.

     

    What are the challenges of being an advocate in the Delhi High Court?

    Yes, it’s true that being an advocate in Delhi High Court is quite challenging because there is a lot of competition in Delhi High Court. But the presumption that a first generation lawyer cannot survive in Delhi High Court is a myth. The merit is always appreciated in Delhi High Court, if you are well read and prepared to present your case the way it should be presented, then you will definitely get the relief you desire. The quote; “first deserve then desire” is applicable in its strict sense in Delhi High Court.

     

    What are the main types of cases you focus on?

    My area of litigation is writ petitions/appeals/LPA/revision etc at High Court of Delhi and all type civil matters viz. cases related to contracts, specific performance, service matters, executions etc. Recently I have also started practicing at criminal side with few astute and experienced lawyers having vast experience of criminal trial.

     

    What is the most challenging case you ever faced? Is there any case that changed your perspective on the judicial system?

    The most challenging case I ever faced was in Supreme Court of India related to service matter, termination of a Class I officer on grounds of alleged misconduct. The most challenging part in that case was its 6 years of dismissal owing to incomplete and improper presentation of case in several rounds of litigations before Delhi High Court and also few applications at Supreme Court. However, at the stage of SLP, after thorough research, precise drafting and proper presentation of the case I along with other advocates of my team, were able to get the desired relief and was able to get that employee reinstated from the Supreme Court of India. Further, I am a firm believer that our judicial system is fair and reasonable with eminent judges sitting at the helm of Justice and there has not been any case which could change my perspective on the judicial system.

     

    How important do you think mooting and academic writing are for a law student aspiring to become an advocate?

    Mooting is very important for a student who aspires to become a lawyer. It gives you confidence, exposure and removes your hitch to present your case. Mooting helps you become an advocate and experience what lies ahead of you, even before clearing your exams. As far as academic writing is concerned it is also helpful to supplement your research. Instead of only discussing a case law at tea stall or criticizing some High Court/Supreme Court judgment, a law student should step up and try to write a case comment or article on any High Court or Supreme Court judgment, on issues of his/her choice.

     

    Many students aspire to practice at the Supreme Court and High Courts. Should a student first practice at the Trial Court to learn the nuances, or is it fine to start at a High Court itself?

    My advice to all my juniors has always been to do internship in Supreme Court, High Courts and for that matter in Law Firms also, while you are pursuing LL.B. But once you are enrolled as an advocate, don’t skip the trial court/district courts. Everyone should always give at least 1-2yrs in district court; the main practice is learned in trial court only. High Court and Supreme Court are extension of what you practice in lower courts. If you once skip this initial step you will spend most part of your career in learning what could have been learned in initial 2yrs of your practice. And the best part of practicing in Delhi is that all the district court lawyers here do have some matters at High Court/Supreme Court also, giving you a fair exposure in your initial period of litigation. Moreover, if you start your own practice, initially people will bring to you lower courts matters.

     

    What are the differences that you see between a practice in a High Court and a practice in the Supreme Court?

    The major difference what I see between practice in High Court and Supreme Court is that of the Judges. The judges of Supreme Court being more senior and experienced asks precisely very limited questions to clear the doubts and form an opinion so that justice could be done in the matter whereas in High court, while delivering justice, the judges are more inclined in the quick disposal of matter so you have to be pro active and precise while presenting your case.

     

    How did you decide to write your book “The Tumult Over Law of Homosexuality”?

    While I was pursuing my LL.M. from Delhi University the case of Suresh Kumar Kaushal v. Naz Foundation was decided wherein the Hon’ble Supreme Court upheld the constitutional validity of Section 377 IPC, leaving it on the legislature to amend Section 377 in its own discretion and wisdom. Then there were numerous debates and pointless discussions everywhere since the question is related to legal restrictions on privacy and liberties of people. But in all those debates and discussion, people overlooked a crucial aspect that simply amending Section 377 IPC will not serve the purpose unless the same is done as a complete societal change; to which our present society is not completely ready and the infrastructure is not enough, so I have opined that the debate on Sec 377 IPC should be deferred for some time now and status quo should be maintained until we are prepared for such a drastic change. My book deals with varied issues and concerns connected to Homosexuality and LGBT Rights. Through different chapters I have tried to cover up issues related to historical, social, physiological, legal and constitutional problems which crops up when we talk about LGBT rights. I have dealt with different issues which people usually forego but such questions shouldn’t be abjured when we talk about LGBT Rights. Through last chapter I have tried to differentiate between society’s demand of decriminalizing consensual acts covered under Section 377 IPC and its actual needs in case Section 377 IPC is amended. I have thoroughly dealt with various landmark cases viz. Naz Foundation (Delhi High Court, 2009), Suresh Kumar Kaushal (Supreme Court, 2014), NALSA (Supreme Court, 2014) and Obergefell v. Hodges (U.S. Supreme Court, 2015) on the subject matter.

     

    Are there any suggestions you would like to give our readers?

    For students and aspiring advocates I will suggest, reading of case laws from recent law journal whenever you get time. Advocacy is a unique profession and noble at the same time. It takes time and for first generation lawyers it becomes more struggling. Initial 1-2 yrs are most struggling, testing your patience and determination but if you don’t give up everything will be better by the time. But never forget that sky is the limit in litigation, you just have to be willing to fly as high as you want.

  • Akanksha Rajpurohit, Partner, The Legist, on work experience in law firm

    Akanksha Rajpurohit, Partner, The Legist, on work experience in law firm

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